The Nature and Extent of Arbitral Immunity

While the COVID-19 pandemic has shuttered much of the country’s judicial machinery, courts have released opinions on matters argued prior to the stoppage.  Two recent federal court opinions – Cherdak, out of the D.C. District[1] and Lanza, decided by the First Circuit[2] – touched on an issue with relevance to financial professionals: arbitral immunity.  This […]

On Duty: Private Security Companies and the Threshold Element of a Negligence Claim

Imagine the following hypothetical. The owner of an ice rink, where a famous figure skater trains, hires a private security company.  The owner’s main concern is that the rink has become overwhelmed with onlookers.  These crowds swell beyond the building’s capacity, exposing him to large fines for violating the town’s building code.  In addition, the […]

Pro/Rel Goes to Court: An Analysis of Miami FC and Kingston Stockade v. FIFA

Last month, the Court of Arbitration for Sport rejected Miami FC and Kingston Stockade’s claim against FIFA, the US Soccer Federation and Major League Soccer for violation of FIFA Article 9, which requires promotion based “principally” on sporting merit. In short, the Panel concluded Article 9 only addressed clubs’ efforts to circumvent formal systems of […]

Youth Soccer Clubs’ Lawsuit: The Challenge of Certifying Defendant Classes

NOTE: This article has been modified from an earlier version, published in August 2016.  In a March 29, 2017 order, the United States District Court for the Eastern District of Texas dismissed the featured lawsuit on jurisdictional grounds.  Nonetheless, the ruling does not change the article’s analysis of defendant class certification. In July 2016, the […]