Alternative Dispute Resolution (ADR)

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News & Analysis as of May 22, 2013

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California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

Courts Continue to Wrestle With Arbitration Issues

by Greg Mersol | BakerHostetler on 12/17/2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

by Peter C. Vilmos | Burr & Forman on 12/13/2012

Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 12/3/2012

Employers that utilize arbitration agreements just received a major vote of confidence from the Supreme Court of the United States (SCOTUS). In Nitro-Lift Technologies, LLC v. Eddie Lee Howard, et al., +2012 U.S. LEXIS...more

Appellate Panel Tries to Draft a Roadmap for the California Supreme Court to Save California's Prohibition of Class Action Waivers...

by Sheppard Mullin Richter & Hampton LLP on 12/1/2012

The battle for how the landmark arbitration decision Concepcion v. AT&T Mobility (“Concepcion”) should be construed in California continues with Monday’s issuance of Franco v. Arekelian Enterprises, Inc. (“Franco II”)....more

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

by Fisher & Phillips LLP on 11/30/2012

This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

by Sands Anderson PC on 11/28/2012

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

by Michael A. Warner Jr. | Franczek Radelet P.C. on 11/28/2012

In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration...more

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/27/2012

A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California....more

High Court Vacates State Supreme Court’s Arbitration Ruling in Noncompete Case

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2012

This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA). The Court vacated a decision made by the...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

by Franczek Radelet P.C. on 9/24/2012

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

California Court Criticizes Prior Case Law Invalidating Class Action Waivers, Then Punts To State Supreme Court

by Proskauer - California Employment Law on 8/27/2012

Truly Nolen of America v. Superior Court, 2012 WL 3222211 (Aug. 13, 2012) California law involving classwide wage-and-hour arbitration continues to evolve in the aftermath of the United States Supreme Court’s landmark...more

To Arbitrate or Not to Arbitrate? – That Is the Question

by Foley & Lardner LLP on 5/14/2012

Many employers welcomed the Supreme Court's April, 2011 AT & T Mobility v. Concepcion decision with both open arms and a sense of relief - fatigued as they have been with employment-related class actions - and looking forward...more

Courts Lack Jurisdiction To Review Determinations By Arbitration Panels Under the Railway Labor Act

by Katten Muchin Rosenman LLP on 2/14/2012

The U.S. Court of Appeals for the Fifth Circuit recently held that collective bargaining agreements cannot provide for judicial review of the Railway Labor Act’s (RLA) exclusive and mandatory dispute resolution...more

Act Now Advisory: Class Action Arbitration Bans - the Obama NLRB Attempts to Trump the Federal Arbitration Act and the Supreme...

by Epstein Becker & Green, P.C. on 2/13/2012

Two recent decisions on arbitration, one from the National Labor Relations Board (“NLRB” or “Board”) and one from the Supreme Court of the United States, present an interesting question:...more

New York’s Highest Court Finds Public Policy Exception Applicable Before Even Deciding the Issue of Arbitrability, Barring...

by Cadwalader, Wickersham & Taft LLP on 2/6/2012

We have previously posted on the limits that courts inevitably find to the arbitrability of disputes, such as with “manifest disregard” oversight or grounds of public policy (see for example...more

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Conflict of Laws › Labor & Employment Law › Alternative Dispute Resolution (ADR)

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

Courts Continue to Wrestle With Arbitration Issues

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

Appellate Panel Tries to Draft a Roadmap for the California Supreme Court to Save California's Prohibition of Class Action Waivers...

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

High Court Vacates State Supreme Court’s Arbitration Ruling in Noncompete Case

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

California Court Criticizes Prior Case Law Invalidating Class Action Waivers, Then Punts To State Supreme Court

To Arbitrate or Not to Arbitrate? – That Is the Question

Courts Lack Jurisdiction To Review Determinations By Arbitration Panels Under the Railway Labor Act

Act Now Advisory: Class Action Arbitration Bans - the Obama NLRB Attempts to Trump the Federal Arbitration Act and the Supreme...

New York’s Highest Court Finds Public Policy Exception Applicable Before Even Deciding the Issue of Arbitrability, Barring...

Employment Law Commentary - Volume 24, No. 1 January 2012

Airline Employee's ERISA Claims Precluded by RLA

A Rainy Day for Plaintiffs’ Class Action Bar: U.S. Supreme Court Enforces Class Arbitration Waivers

'AT&T Mobility' May Have Big Impact on Employment

Class Actions Are Dead. Long Live Class Actions?: The Implications of AT&T Mobility LLC v. Concepcion for Employers

Legal Alert: Supreme Court Finds FAA Preempts State Law Prohibiting Class Action Waivers in Arbitration Agreements

AT&T Mobility LLC v. Concepcion

Class Action Waiver - What About Section 7?

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