Douglas Lang | Thompson Coburn In a recent federal court case, Baker Hughes v. Dynamic Industries, the court decided even though the parties agreed to arbitrate, the agreement was unenforceable because the arbitration agency was “abolished.” In that case, the U.S. District Court for the Eastern District of Louisiana denied a motion to compel arbitration where… Continue reading So, You Thought Your Arbitration Agreement Was Bulletproof: Beware Of Traps That Can Render Arbitration Agreements Unenforceable
Month: January 2024
Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause
David Adelstein | Florida Construction Legal Updates Mandatory forum (venue) selection provisions are generally construed in favor of enforceability. Parties agreed to the forum for disputes so why not enforce them, right? A recent federal district court case out of the Eastern District of Louisiana exemplifies an exception grounded in judicial economy which disfavors the enforceability of mandatory… Continue reading Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause
Court Upholds Texas’ “First Come, First Served” Approach When Claimant Demands Exceed Policy Limits
Sara Nau | Phelps Dunbar In a recent opinion, the Fifth Circuit reaffirmed and applied its holding from OGA Charters. In doing so, it blocked (via a bankruptcy adversary proceeding) one set of plaintiffs from keeping an insured’s entire policy limit, which the insurer paid as per Texas’ “first come first served” approach to time-limited policy limits demands.… Continue reading Court Upholds Texas’ “First Come, First Served” Approach When Claimant Demands Exceed Policy Limits
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | SDV Insights Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling in Illinois… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence
The Art Of Guiding The Mediation Process – The Importance Of The Mediator’s Role
Rebekah Ratliff | JAMS There are various forums where people can participate in conciliation efforts to reach a resolution. Generally speaking, most people try to avoid conflict, and parties are happier when they can resolve a dispute and move on. Mediation is a collaborative form of dispute resolution that allows the parties to work together… Continue reading The Art Of Guiding The Mediation Process – The Importance Of The Mediator’s Role