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Appellate
Insights
Dec 17, 2024

The Absence of a Uniform Arbitration Waiver Test in the Second Circuit Poses Litigation Challenges

Defendants considering whether to seek dismissal of a complaint or to compel arbitration have to consider when failing to compel arbitration waives their right to arbitration. Since the Supreme…
Insights
Oct 18, 2023

Georgia appellate court signals adoption of federal precedent for state pattern jury instructions

The Georgia Court of Appeals recently considered a challenge to Georgia’s preponderance-of-the-evidence pattern jury instruction, which is based upon a repealed version of Georgia’s prior evidence…
Insights
Sep 07, 2023

Call for Vacatur of Massachusetts’ Fiduciary Duty Standard for Broker/Dealers

Key Takeaways: The Massachusetts Supreme Judicial Court upheld the fiduciary duty standard of care imposed on broker/dealers by the Commonwealth of Massachusetts on August 25, 2023. Below we explain…
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