A MOTION TO COMPEL CHANGES TO FEDERAL ARBITRATION LAW: HOW TO REMEDY THE ABUSES CONSUMERS FACE WHEN ARBITRATING DISPUTESMCMANUS, JEREMYBoston College Journal of Law & Social Justice
Before the Court is Defendant Empire Medical Training Inc.‟s motion to compel 19arbitration (Dkt. No. 34) and Defendant Dr. Stephen Cosentino‟s motion to dismiss for lack of 20personal jurisdiction. Dkt. No. 30. For the reasons described below, the Court DENIES both 21motions. Plaintif...
Before the Court is Defendant Empire Medical Training Inc.‟s motion to compel 19arbitration (Dkt. No. 34) and Defendant Dr. Stephen Cosentino‟s motion to dismiss for lack of 20personal jurisdiction. Dkt. No. 30. For the reasons described below, the Court DENIES both 21motions. ...
7 A. FINRA RULES REQUIRE ARBITRATION ... 7 B. THE FAS' PROMISSORY NOTES ALSO REQUIRE ARBITRATION ... 9 C. THE RECEIVER IS BOUND BY SGC'S ARBITRATION AGREEMENTS ... 9 D. THE COURT SHOULD COMPEL ARBITRATION AND STAY OR DISMISS THE CASE ......
A Compelling Arbitration Case: Court Grants Motion to Compel Arbitration for Both Bankruptcy and Non-Bankruptcy Issues
THE APPLICABLE LEGAL STANDARD...9Jeffrey A. SimesJason C. Mang
Severability Doctrine: Scotus (and Others) Offers a Refresher on Defeating a Motion to Compel ArbitrationOne of the most confounding doctrines in federal arbitration jurisprudence is the severability doctrine. The U.S. Supreme Court has held, since Prima Paint Corp. v. Flood & Conklin Mfg., 388...
STUDENT COMMENT: Weingarten Realty Investors v. Miller: Does an Appeal from a Denial of a Motion to Compel Arbitration Automatically Divest a District Court of Its Jurisdiction?Joanna L. Hair