Commercial Division Blog

Posted: November 10, 2015 / Categories Commercial, Appeals, Upcoming Events, Arbitation, Mediation and Other ADR

Court of Appeals Arguments of Interest for the Week of November 16, 2015

Upcoming oral arguments in the Court of Appeals the week of November 16, 2015, that may be of interest to commercial litigators include:

  • Cal. No. 200: Cusimano v Schnurr (to be argued Wednesday, November 18, 2015) ("Arbitration--Federal Arbitration Act (FAA)--Agreements involving interstate commerce-- commercial real estate--whether the Appellate Division erred in concluding that the FAA applied to the contracts at issue by looking beyond the four corners of the agreements and considering transactions that occurred after the agreements were executed; waiver of the right to arbitrate--whether plaintiffs waived their right to arbitration by filing an action in court and participating in litigation before filing for arbitration--lack of prejudice to defendants.") See our blog post on the First Department’s decision here.