Category Archives: Arbitration
Four Issues that Should be Addressed in Your Arbitration Clause
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 »
Florida Court Throws Out Legal Malpractice Arbitration Clause
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 »
Supreme Court Upholds Workplace Arbitration Clauses: Here is What That Means
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 »
Should I Include an Arbitration Clause in My Business Contract?
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 »
What are the Benefits of Arbitration for a Business Law Dispute?
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 »
Florida Appeals Court Denies Motion to Vacate Arbitration Panel Decision
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 »
Florida Appeals Court Ruling Demonstrates Power of Arbitration Agreements
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 »
The Four Stages of Business Law Arbitration
Is your company currently locked in a commercial dispute? If so, you may need to (or be required to) seek arbitration. Compared to traditional litigation, arbitration offers businesses several key benefits, including that it is generally faster and cheaper than litigation, and that the proceedings can be kept fully confidential. For companies facing upcoming… Read More »
Florida Appeals Court Declines to Enforce Online Arbitration Agreement
On February 15th, 2017, Florida’s Fourth District Court of Appeal issued an instructive decision in a case involving a mandatory arbitration agreement. The case, Vitacost.com, INC v James McCants, originated after the two parties got into a dispute regarding the sale of online dietary supplements. By making a purchase on the Vitacost website, the… Read More »
The Kardashians Have Their Motion to Compel Arbitration Denied
Beyond being TV stars, the Kardashian sisters (Kim, Kourtney and Khloe) are also involved in many business ventures. In 2013, they entered into a licensing agreement with a company called Boldface Licensing + Branding. Inc. The goal of the business arrangement was to develop a line of Kardashian branded makeup products called ‘Khroma’. However,… Read More »
