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No Prejudice, as Customers Have Their Court Case and Arbitrate It Too: Chehebar v. Oak Financial Group, Inc.
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By Christopher G. Lazarini

The key to determining whether a party has waived a contractual right to arbitration is prejudice to the non-moving party;

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Arbitration Attempt Is Annulled by Inconsistent Activity: Dagostino v. LPL Financial, LLC
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By Paul J. Dubow

A party who engages in extensive motion practice, takes depositions, and seeks production of documents before filing a motion to compel arbitration waives the right to arbitration.

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Binding Agreement and Binding Award Means Vacatur Effort Is Bound to Fail: Cantor Fitzgerald & Co. v. Walton
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By James L. Komie

*A party cannot assert an affirmative defense, such as the Statute of Frauds, as grounds for vacating an arbitration Award for gross mistake of law where the affirmative defense was not raised in the underlying arbitration proceeding.

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JAMS Award Survives Multiple Objections in Federal Circuit Court: Cooper v. WestEnd Capital Management, L.L.C.
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By Jack D. Ballard

*A forum has no duty to disclose that one of its arbitrators, not assigned to the case at issue,

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California Supreme Court Holds – Barely – That Issue of Class Arbitration is for the Arbitrators, not the Court
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A sharply divided California Supreme Court holds that the question of whether an arbitration agreement allows class-wide arbitration should be decided by the arbitrators,

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Seventh Circuit Holds Unenforceable Class Action Waivers in Employment Agreements, in Conflict with Horton. Eighth Circuit Goes the Other Way – But Not Entirely. SCOTUS Showdown Next?
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In a unanimous decision, the Seventh Circuit holds that an arbitration clause in an employment agreement containing a class action waiver violated the National Labor Relations Act (“NLRA”) and was unenforceable.

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