News & Analysis as of

Transportation Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

InterConnect FLASH! No. 62 - Arbitration Clauses in IC Agreements: The Winds Are Shifting

by Benesch on

Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they...more

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

by Carlton Fields on

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise). Nevertheless, the First Circuit found two issues of first impression to address this month. In Oliveira v. New Prime, Inc., 2017 WL...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

by Genova Burns LLC on

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

Uber Court Victory A Win For Sharing Economy Companies Everywhere

by Fisher Phillips on

A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more

Prison sentence for avoiding English freezing and disclosure order

by DLA Piper on

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

by Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

by Holland & Knight LLP on

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

by Pepper Hamilton LLP on

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

by Carlton Fields on

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the...more

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up...more

Uber’s $100 Million Settlement Rejected by Judge; Independent Contractor Misclassification Lawsuit to Proceed

by Pepper Hamilton LLP on

Earlier yesterday, Uber was dealt yet another setback in its efforts to settle the IC misclassification lawsuits brought against it by Uber drivers in California and Massachusetts. As readers of this legal blog will recall...more

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause

by Orrick - Trust Anchor on

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions against a putative class of Uber consumers. In a lengthy and strongly worded...more

ADR/ODR Regs and 261 Claims – Airline Compliance

by Locke Lord LLP on

The Civil Aviation Authority (CAA) is policing compliance by airlines with new laws designed to encourage the use of alternative dispute resolution (ADR) and online dispute resolution (ODR). The CAA has threatened to carry...more

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

by Carlton Fields on

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

by DLA Piper on

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Shelltime 4 – who bears risk of arrest?

by Reed Smith on

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

by Reed Smith on

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

New Jersey Legislature Looking At Changes to Consumer Contract Disputes

by Genova Burns LLC on

The New Jersey Assembly’s Consumer Affairs Committee recently advanced several bills that would increase consumer protections in arbitration disputes. If passed into law, these bills would change the landscape for consumer...more

Uber’s Attempt To Compel Class Arbitration Rejected Due To Unconscionability Of Arbitration Agreement

by Carlton Fields on

The court held that a number of the provisions in the subject arbitration agreements were unconscionable, including a delegation clause providing that disputes involving the arbitration agreement be decided in arbitration....more

The Next Chapter – Uber Responds to District Court Order With a New Arbitration Agreement

by BakerHostetler on

Not only did Uber respond to the district court’s December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers....more

District Judge Rules Uber’s Arbitration Agreements Unenforceable on Public Policy Grounds

by BakerHostetler on

On September 2, we addressed the much-publicized O’Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District Court for the Northern District of California. In O’Connor, a group of 160,000...more

58 Results
|
View per page
Page: of 3
Cybersecurity

Follow Transportation Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.