News

Litigation

[08/15] Court says copyrights apply even for free software
[08/15] Jackson Browne sues McCain, RNC over song in ad
[08/15] Trump to buy McMahon's home, let him live there

More...

Case Summaries

Dispute Resolution & Arbitration

[09/05] Oglala Sioux Tribe v. C & W Enters.
In a construction contract dispute involving a federally recognized Native American tribe, an order enjoining a South Dakota state court from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction is vacated and remanded where: 1) three of the four contracts subject of the arbitration contained explicit waivers of the tribe's sovereign immunity; and 2) the tribe waived sovereign immunity as to the fourth contract by agreeing to include it in the same arbitration.

[09/02] Exelon Generation Co., LLC v. Local 15, Intl. Bhd. of Elec. Workers, AFL-CIO
In a declaratory judgment action seeking a determination that disputes over plaintiff's changes to medical benefits for retirees were not within the scope of the parties' collective bargaining agreement (CBA) or arbitrable under the grievance procedure, summary judgment for defendants is affirmed where: 1) the arbitration clause in the CBA applied to retirees as well as current employees; and 2) defendant-union could arbitrate on behalf of its retirees who consented to its representation.

[08/29] Forest Oil Corp. v. McAllen
In a suit over a commercial contract, denial of a motion to compel arbitration is reversed and remanded where: 1) courts must examine the contract itself and the totality of the surrounding circumstances when determining if a waiver-of-reliance provision is binding; and 2) an unambiguous waiver-of-reliance provision precludes a fraudulent-inducement claim as a matter of law.

More...