A retail chain referenced in a credit card agreement between a bank and the store’s customer can’t compel arbitration as a third-party beneficiary to the contract, the North Carolina Court of Appeals has unanimously ruled, the latest turn in ...

Tagged with: Arbitration Contract

  In a case with implications for the enforceability of arbitration agreements, the North Carolina Court of Appeals has affirmed the denial of a motion to compel arbitration after a debt buyer failed to demonstrate that it had also obtained ...

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By James P. McLoughlin Jr. Federal law authorizes federal courts to provide discovery assistance to a “foreign or international tribunal” and litigants with an interest in those proceedings. The 2nd Circuit’s July 2020 decision holding that “foreign or international tribunal” ...

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By Jared L. Hubbard and Malgorzata Mrózek In today’s globalized economy, local companies can have a global reach, entering into mergers, acquisitions, manufacturing contracts, licensing agreements, joint ventures, and research and development partnerships with companies and institutions around the world. ...

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Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Federal Arbitration Act

As globalization intensifies, the business world gets smaller and smaller every day. An unintended result of local businesses buying and selling in international markets, or international businesses setting up shop in North Carolina, has been that the attorneys and law ...

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When Microsoft announced in December that it was removing language from contracts signed by some of its employees that required them to pursue any sexual harassment claims against the company through binding arbitration rather than through the court system, it ...

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Degidio v. Crazy Horse Saloon & Rest. Inc. (Lawyers Weekly No. 001-019-18, 16 pp.) (Wilkinson, J.) No. 17-1145, Jan. 18, 2018; DSC at Florence (Hendricks, J.) 4th Cir. Holding: An exotic dance club could not enforce arbitration agreements it obtained from its entertainers ...

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The law firm of Martin & Jones, which has three locations in North Carolina, has settled a suit against a former shareholder — after a state Business Court judge held that the firm misinterpreted a provision in its own operating agreement.

Tagged with: Arbitration Business Court Chris Olson Judge Gregory McGuire Martin & Jones

  Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Co. (Lawyers Weekly No. 001-172-17, 18 pp.) (Wynn, J.) No. 16-1511, Aug. 11, 2017; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: The 4th Circuit upholds a ...

Tagged with: Arbitration workers' compensation insurance