Fifth Circuit Applies “Look Through” Standard to Removal of Case Seeking to Vacate FINRA Award Under FAA
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The Fifth Circuit holds that the District Court was correct when it applied the “look through” standard to determine that it had jurisdiction to remove a State Court action to vacate an Award.

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Langille v. Berthel Fisher & Company Financial Services, Inc.
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By Paul J. Dubow

*In California, when damages are an element of a cause of action, the cause of action does not accrue until the damages have been sustained.

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Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel
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By Theodore Ryan

SCOTUS is being asked to take up whether to let stand a decision upholding a large Award issued by a numerically unbalanced panel.

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Valelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
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By James L. Komie

The terms and conditions of an electronically signed account agreement were “reasonably conspicuous” and thus binding on the customer even though she had to scroll down the page to see the relevant terms.

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Bayles v. Evans
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By Christopher G. Lazarini

*A non-signatory is estopped from cherry-picking parts of a contract she finds beneficial, while ignoring those she would prefer not apply,

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NRLB Upholds Arbitration Confidentiality Provisions
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By Cameron Michelsen

The National Labor Relations Board (“NLRB”) recently upheld confidentiality provisions in arbitration agreements in relation to section 7 of the National Labor Relations Act (“NLRA”) and the Federal Arbitration Act (“FAA”).

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