Articles Tagged with Arbitration

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Webinar-FlyerKHF managing member Edward T. Kang and associate Kandis L. Kovalsky are both faculty members for the upcoming webinar, “The Complex Commercial Case in Arbitration,” sponsored by the American Bar Association Young Lawyers Division Litigation Committee as part of the ABA YLD’s 2019 Litigation Week webinar series. The July 22nd program will take place from 1-2 pm ET and is free of charge and open to the public, but does require advance registration. Kovalsky will serve as program moderator. Kang, a litigator and AAA arbitrator, will serve on a panel discussion that will tackle difficult questions such as how does the arbitration forum balance giving the parties access to enough discovery for a fair hearing while maintaining its core principles of efficiency? What happens when one party wants thorough discovery and another does not? Register for this free webinar here.

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In its August 11, 2014 decision in Griswold v. Coventry First, LLC, et al. the Third Circuit affirmed the District Court’s decision that denied Defendant’s motion to compel arbitration, and held that Plaintiff, Lincoln T. Griswold, was not estopped from pursuing his fraud claim by rejecting arbitration.

Griswold purchased an $8.4 million life insurance policy in January of 2006, establishing a Lincoln T. Griswold Irrevocable Trust for the “sole and exclusive purpose” of maintaining ownership of the policy. Shortly thereafter the formation of the Trust, Griswold formed a limited liability partnership in Georgia, Griswold LLP, as the sole beneficiary of the policy. Upon the receipt of the proceeds from the life insurance policy, this limited liability partnership would be dissolved, and the trustee would then liquidate the property, satisfy the claims of creditors, and distribute remaining property to the partners. At the completion of this task, the trustee would file a “Cancellation of the Election to Become a Limited Liability Partnership” to terminate the partnership.

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You have probably heard of class actions…but class arbitrations?

Class Arbitration Confusion

You have probably heard of class actions…but class arbitrations?
Class arbitration and its suitability as a vehicle for litigation is in flux as courts nationwide struggle to find common ground in the law.
A 2009 New Jersey matter involving a number of plaintiffs who had accused Fidelity National Financial Inc. and at least six other title insurers of charging exorbitant closing fees highlights this issue.  Continue reading →
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