Court news in brief

2nd Circuit

* The right to arbitrate was not waived even though a significant amount of time elapsed between the filing of litigation and the assertion of the right to arbitrate. Thyssen Inc. v. Calypso Shipping Corp., SA.

* It was not manifest disregard of the law to decide that a home

* Scheduling the arbitration hearing for dates that counsel was scheduled to be in federal court did not warrant vacatur of the award on grounds of fundamental unfairness. Alexander Julian Inc v. Mimco (see page 90).

3rd Circuit

* Arbitral subpoena for a third-party deposition and documents was denied. Legion Ins. Co. v. John Hancock Mutual Life. Inc. (see page 33).

5th Circuit

* The Magnuson-Moss Warranty Act does not preclude arbitration of consumer warranty claims. Walton v. Rose Mobile Homes LLC (see page 90).

* A district court has no authority under the FAA to remove an arbitrator prior to the issuance of the award. Gulf Guaranty Life Ins. v. Connecticut Gen. Life Ins. (see page 91).

7th Circuit

* An award cannot be vacated for "evident partiality" by a party-appointed arbitrator who failed to make full disclosure because the undisclosed facts were insufficient to disqualify a judge from presiding in court. Sphere Drake Ins. v. All American Life Ins. (see page 93).

E The Federal Communications Act preempts a challenge to AT&T's mandatory consumer arbitration agreement based on violations of state law. Boomer v. AT&T

11th Circuit

* District court's confirmation of an award without holding an evidentiary hearing on allegations of arbitrator partiality warranted vacatur and remand. University Commons-Urbana Ltd. v. Universal Constructors Inc.

California Court of Appeal

* Photographs and raw data prepared for or used in a mediation were "otherwise admissible evidence" in litigation under California Evidence Code Section 1120 and therefore were not protected from disclosure by Section 1119. Rojas v. L.A. County Superior Court (see page 92).

* Ban on classwide arbitration was unconscionable. Szetela v. Discover Bank (see page 27)

* Where the parties' agreement expressly provided for the "intervention or joinder ... of all parties relevant ..." the issues of joinder and consolidation were properly referred to the arbitrator. Zakarian v. Bekov.