1st Circ. Throws Out 'LOVE' Artist's Estate Arbitration Win

By Tiffany Hu (November 23, 2021, 6:10 PM EST) -- A New York arbitration panel won't oversee an art publisher's cross-claims against the estate of artist Robert Indiana, after the First Circuit declared that a new agreement between the parties took out an arbitration provision in the original contract.

In a 30-page opinion issued Monday, a three-judge panel found that a binding term sheet that came out of the estate and Michael McKenzie's mediation in 2019 "superseded" and terminated a 2008 agreement stating any disputes would be settled by arbitration through the American Arbitration Association in New York. Under the 2019 agreement, any disputes over its enforceability "should be handled by...

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