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Category Archives: Arbitration

BooksGavel

How Does the American Arbitration Association (AAA) Decide Where to Arbitrate Commercial Disputes?

By Michael Pike and Daniel Lustig |

The American Arbitration Association (AAA) is the nation’s largest provider of ADR services to commercial entities. In the early stages of a business arbitration, one of the most important issues that must be resolved is determining where exactly the arbitration hearing will actually take place. Here, our West Palm Beach arbitration attorneys explain the… Read More »

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Legal8

What is the Miami International Commercial Arbitration Court (MICAC)?

By Michael Pike and Daniel Lustig |

For a number of different reasons, companies may choose to arbitrate commercial disputes. As explained by the American Bar Association (ABA), arbitration is a form of alternative dispute resolution that has the potential to be faster, less expensive, and more efficient than traditional litigation. In recent years, Miami has become a hub for international… Read More »

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Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”

By Michael Pike |

Connecticut-based Twin City Fire Insurance Co., an affiliate of the Hartford Financial Services Group, has filed a federal lawsuit in Florida denying any liability for former West Palm Beach lawyer Leonel R. Plasencia, who killed himself in 2017, allegedly before turning over settlement money owed to clients in a personal injury case. Michael J…. Read More »

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Arbitration3

Four Issues that Should be Addressed in Your Arbitration Clause

By Michael Pike and Daniel Lustig |

For businesses, arbitration offers many benefits over traditional litigation. It is a form of alternative dispute resolution (ADR) that can be used to obtain faster, less expensive, and more efficient results than a lawsuit. In addition to that, arbitration also allows the parties to keep considerable confidentiality regarding the proceedings. In many cases, commercial… Read More »

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Legal6

Florida Court Throws Out Legal Malpractice Arbitration Clause

By Michael Pike and Daniel Lustig |

Recently, the Florida Fourth District Court of Appeal ruled against a law firm in a dispute over a mandatory arbitration clause. This underlying issue in this case was a legal malpractice claim raised by a former client of the law firm. In Lindsay Owens v. Katherine L. Corrigan and KLC Law, P.A., Florida’s Fourth… Read More »

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Arbitration2

Supreme Court Upholds Workplace Arbitration Clauses: Here is What That Means

By Michael Pike and Daniel Lustig |

On May 21st, 2018, the Supreme Court of the United States released its much anticipated decision in the case of Epic Systems Corp. v. Lewis. In a highly controversial (5-4) opinion, Neil Gorsuch, writing for the Court’s conservative majority, upheld the permissibility of workplace arbitration provisions. This is an extremely important decision for both… Read More »

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Arbitration

Should I Include an Arbitration Clause in My Business Contract?

By Michael Pike and Daniel Lustig |

With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your  business agreements. If your contract mandates arbitration, you will almost certainly… Read More »

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What are the Benefits of Arbitration for a Business Law Dispute?

By Michael Pike and Daniel Lustig |

Arbitration is a form of alternative dispute resolution (ADR) in which the parties agree to settle their case outside of a traditional courtroom. This is done by going before a private arbitrator, who will hear the dispute and issue a binding decision. Arbitration is used to resolve many different types of legal issues, including… Read More »

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GavelBooks

Florida Appeals Court Denies Motion to Vacate Arbitration Panel Decision

By Michael Pike and Daniel Lustig |

On July 19th, 2017, Florida’s Fourth District Court of Appeal issued a decision in the case of Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Company. In this dispute, the plaintiff, Managed Care Insurance Consultants (MCIC), attempted to get an arbitration panel’s ruling set aside on the grounds that one of the arbitrators… Read More »

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Legal2

Florida Appeals Court Ruling Demonstrates Power of Arbitration Agreements

By Michael Pike and Daniel Lustig |

Recently, on July 5th, 2017, the Third District Court of Appeal for the State of Florida issued a decision in the case of DDRA, LLC V. JARM, LLC, ET AL. This case involved a dispute over the applicability of a mandatory arbitration provision that had been included in a larger contract. The court’s ruling… Read More »

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