Advantages Of Parallel Court And Arbitration Proceedings

Law360, New York (May 17, 2016, 11:04 AM EDT) -- Recent judicial and arbitration decisions in favor of eBay Inc. demonstrate that it is not always wise to seek a stay where there are simultaneous, related litigation and arbitration proceedings. On April 29, 2016, an arbitrator denied in all respects the claims of claimant EZ Software Corp. d/b/a The Counterfeit Report, ruled that the claimant's inclusion of a claim that eBay violated the Racketeer Influenced and Corrupt Organizations Act was frivolous, and assessed costs against the claimant. The arbitrator's decision mirrors and relies on Judge Josephine L. Staton's Jan. 28, 2016, dismissal with prejudice of nearly identical RICO claims asserted by a separate plaintiff in Wimo Labs LLC v. eBay Inc. et al. (C.D. Cal., Case No. SACV 15-1330-JLS (KESx))....

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