Appellate Law News and Insights

Del. District Court (Third Circuit) Again Holds That 28 U.S.C. § 1782 Does Not Apply Vis-à-vis Foreign Commercial Arbitrations.

Published: Sep 24, 2020
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Congress long ago generously provided for American judicial assistance in obtaining discovery in the United States "for use in a proceeding in a foreign or international tribunal" without requiring reciprocity from the country in which such tribunal is seated. This altruistic legislation, intended as an example (hopefully to be emulated...

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First Circuit Holds FAA Does Not Drive Independent Contractors’ Class Action Wage Claims Case

Published: Sep 11, 2020
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Recently, and for the first time in more than 20 years, the United States Court of Appeals for the First Circuit ruled on the transportation worker exemption contained in Section 1 of the Federal Arbitration Act (FAA). In Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020), the court of...

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Hot Tea Lawsuit Fails On Appeal

Published: Aug 31, 2020
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Even before COVID-19, coffee companies were navigating the safety challenges of serving hot beverages to customers. On August 18, 2020 – almost 26-years after the infamous Liebeck hot coffee lawsuit – the California Court of Appeals for the Second District affirmed in an unpublished opinion the dismissal of a woman's...

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