Caroline F. Crosby and Jeffrey S. Knighton | Phelps Since Hurricanes Laura and Delta made landfall in 2020, Louisiana has seen a flurry of litigation over whether insurers can enforce arbitration provisions in policies issued in Louisiana. The Louisiana Supreme Court gave insurers and policyholders clarity on these issues in its latest ruling. In answering… Continue reading No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Category: Arbitration
Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Alexander Dobrev | Lowndes Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it’s essential to structure these clauses carefully and clearly define their scope. Here’s why: For homebuilders, a well-crafted arbitration clause isn’t… Continue reading Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
Matthew H. Mues | Davis Wright Tremaine The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a party may want to first file a lawsuit in court and then stay (or… Continue reading Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Matthew DeVries | Best Practices Construction Law As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge… Continue reading One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
David Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of… Continue reading Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing