article thumbnail

Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Defendants cited a contractual arbitration provision that mandated individual arbitration proceedings. The lawsuit was filed on September 9, 2022.

article thumbnail

Is a Binder Binding? Yes, Says Alabama Supreme Court in Win for Arbitration Clauses

Insurance Journal

Is a binder binding, even if the property owner never received the insurance policy? Yes, it is, the Alabama Supreme Court decided last week in a case that marks another win for insurers relying on binding arbitration agreements. When Francine …

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Can a Streaming Service Agreement Require Arbitration in a Food Allergy Death?

Insurance Journal

Florida property insurers considering the expanded use of binding arbitration to settle claims disputes may want to ponder a recent arbitration move by Walt Disney Parks and Resorts: An answer to a lawsuit against Disney, which has made headlines on …

article thumbnail

Arbitration Claims Against LNG Exporter Venture Global Reach Close to $6 Billion

Insurance Journal

Pending arbitration claims against liquefied natural gas exporter Venture Global LNG Inc. from several of its customers have grown to nearly $6 billion, according to a bond document seen by Bloomberg. Claims in cases by eight separate companies, including some …

article thumbnail

New York High Court Upholds Uber Arbitration Mandate in Previously-Filed Injury Case

Insurance Journal

In a 5-2 decision, New York State’s high court this week upheld Uber’s “clickwrap” agreement requiring arbitration of all disputes in a case of a passenger who was injured by another vehicle after exiting an Uber car. The woman had …

article thumbnail

NC High Court Allows Liquidation of Lindberg Insurers; He Owes $524M in Fed Case

Insurance Journal

Greg Lindberg, the North Carolina insurance and business executive now awaiting sentencing on a bribery conviction, can’t escape a $524 million arbitration and civil judgment against him, a federal appeals court decided this week. Also this week, the state Supreme …

article thumbnail

It is Important to Understand an E-Discovery Vendor’s Contract

E-Discovery LLC

10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to arbitrate a breach of contract claim. The Supreme Court of Alabama held that arbitration was compelled. Plaintiffs argued that the arbitration clause was fraudulently induced and unenforceable. Plaintiffs sued DFC.

Discovery 130