Rodger R. Cole, Eric Ball, Molly Melcher and Christopher Berberian | Fenwick On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an appeal of a… Continue reading New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration
Category: Arbitration
Five Ways to Improve Commercial Arbitration Clauses
Lauren Zimmerman and Jeff Zalesin | Selendy Gay Elsberg Consumer arbitration has been in the news lately, with Elon Musk under congressional scrutiny for Tesla Inc.’s use of arbitration clauses and Ticketmaster Entertainment Inc. facing a class action in the U.S. District Court for the Central District of California by Taylor Swift fans criticizing its… Continue reading Five Ways to Improve Commercial Arbitration Clauses
Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision… Continue reading Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
Colorado Statute of Limitations Defense May Not Apply in Arbitration
Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration
Construction Litigation Roundup: “Stop – In the Name of the Law!”
Daniel Lund III | Phelps Dunbar In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel… Continue reading Construction Litigation Roundup: “Stop – In the Name of the Law!”