Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

Idaho District Court Holds That Arbitration Requirement is Subject to Limited Judicial Review

by Katten Muchin Rosenman LLP on 5/9/2012

The United States District Court for the District of Idaho held that, under Ninth Circuit law, an arbitration award is judicially reviewable under the Federal Arbitration Act even where the arbitration agreement at issue...more

NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy

by Barger & Wolen on 5/2/2012

As reported in The Recorder, (subscription required) the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive...more

Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement

by Cadwalader, Wickersham & Taft LLP on 4/27/2012

On March 9, 2012, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York held that a claim for damages resulting from a debtor’s breach of an executory contract must be arbitrated...more

Injured Ambulance Attendant who Assumed Potential Safety Risk Entitled to Be Accommodated: Ontario Arbitrator

by Fraser Milner Casgrain LLP on 4/26/2012

An Ontario arbitrator has held that an ambulance attendant was entitled to be accommodated by the employer, by permitting him to “ride 3rd” in an ambulance despite a potential but not actual risk to his safety. The...more

Court Directs One Party To Arbitrate But Not Another, Finding that “Doing Business As” Is Not a Recognized Means of Compelling...

by Cadwalader, Wickersham & Taft LLP on 4/18/2012

In this interesting treatment of the issue of compelling a non-party to arbitrate, In the Matter of the Arbitration Between: Sunskar LTD. v. CDII Trading, Inc., et al., 11 Civ. 2499 (S.D.N.Y. 2011)(DLC), provides a good...more

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Civil Remedies – May 23, 2012

Narrowed by: Alternative Dispute Resolution (ADR)

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

Using Federal Antitrust Law To Void Class Action Waivers

Idaho District Court Holds That Arbitration Requirement is Subject to Limited Judicial Review

NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy

Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement

Injured Ambulance Attendant who Assumed Potential Safety Risk Entitled to Be Accommodated: Ontario Arbitrator

Court Directs One Party To Arbitrate But Not Another, Finding that “Doing Business As” Is Not a Recognized Means of Compelling...

Federal District Court Enforces Arbitration Clause Included in Clickwrap Terms

Supreme Court Rules Consumers Can’t Sue Nursing Homes

CIETAC's New Arbitration Rules

Mediation and Arbitration have their limitations when it comes to trust disputes.

The Ninth Circuit Again Follows Concepcion And Enforces Consumer Arbitrations

Federal Law Preempts State Law Barring Arbitration Of Claims For Public Injunction

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