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By: Carlton Fields

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Benjamin Stearns
Alex Bein
Kenneth Cesta
Carlton Fields
Brendan Gooley
Alex Silverman
Michael Wolgin

Latest from Reinsurance Focus

In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The plaintiff’s employment agreement included an agreement to arbitrate “any statutory or common law legal claims … that relate to…

In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a rideshare passenger who had filed a personal injury lawsuit against Uber in 2020, opened the email on January…

The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international comity because it was inconsistent with Chinese currency control laws.
Stephany Yu entered into a business partnership Xu Hongbiao and Ke Zhengguang to…

In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient health insurance notices under the Employee Retirement Income Security Act (ERISA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Plaintiffs Ariel Torres,…

The Fourth Circuit Court of Appeals recently held that it lacked jurisdiction over a petition to vacate an arbitration award.
Petitioners Stanley and Gail Friedler and several other individuals opened brokerage accounts with Stifel, Nicolaus & Co. The petitioners were unhappy with the management of their accounts and filed claims for arbitration alleging mismanagement with…

In PMC Casualty Corp. v. Virginia Surety Co., the U.S. District Court for the Northern District of Illinois, Eastern Division, addressed a motion to dismiss a complaint filed by a party to a reinsurance agreement alleging that payments due to the reinsurer were being improperly withheld.
Defendant Virginia Surety Co. issued contractual liability insurance policies…

The Southern District of New York recently modified an arbitrator’s award regarding post-judgment interest and declined to award fees and costs related to the prevailing party’s motion to confirm the arbitration award.
Negocios y Telefonia Nedetel S.A. entered into a contract with Kenmar Securities LLC for Kenmar to provide advisory and investment banking services to…

The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract.
Spliethoff Transport B.V. initiated arbitration against Phyto-Charter Inc. related to an alleged breach of a maritime contract. Spliethoff prevailed and moved to confirm the arbitral award. Phyto-Charter moved to vacate the award, arguing that the…

In Subway Franchise Systems of Canada ULC v. Subway Developments 2000 Inc., the U.S. District Court for the Southern District of New York addressed whether an arbitrator exceeded her authority when ordering that one of the parties to the arbitration must continue making interim payments during the pendency of the arbitration, and whether the arbitrator’s…