News & Analysis as of

Arbitration Agreements Punitive Damages

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

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In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

McGlinchey Stafford

Is My Arbitration Agreement Enforceable? - McGlinchey’s Commercial Law Bulletin - November 18 2022

McGlinchey Stafford on

Ohio- Public Records Law- The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990. In this mandamus action to the Ohio Supreme Court, the Court found that Ohio’s...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

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New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Proskauer - California Employment Law

San Francisco Jury Hits Tesla with $137 Million Race Harassment Verdict

On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016.  ...more

Porter Hedges LLP

If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear

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In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to...more

Carlton Fields

Fifth Circuit Affirms Arbitration Award and Finds Panel Was Fairly Constituted and Did Not Award Punitive Damages

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In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

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Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Ballard Spahr LLP

New Jersey Court Rejects Punitive Damages Waivers in Employment Arbitration Agreements

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The New Jersey Appellate Division recently held in Roman v. Bergen Logistics, LLC, that a provision in an arbitration agreement that requires an employee to waive claims for punitive damages under the New Jersey Law Against...more

Holland & Knight LLP

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

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A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Fisher Phillips

Lawyers Suing Lawyers: Spate of Pay Equity Litigation Brought By Female Partners Against Their Firms

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Call it ironic, but even providers of legal services are targets for pay equity litigation. Case in point: a $300 million dollar class action lawsuit filed against a labor and employment law firm in the U.S. District Court...more

Proskauer - California Employment Law

It’s time to think about arbitration agreements again following recent $15 million+ employee verdicts

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business...more

Butler Snow LLP

Arbitration Agreements: Make Your Own Rules of Civil Procedure

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Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

Littler

Canada: Court Orders Punitive Damages for An Employer’s Willful Mischaracterization of the Basis of a Termination

Littler on

A recent case from the Ontario Superior Court of Justice, Gordon v. Altus Group Ltd., serves as a reminder that employers should not exaggerate facts when asserting a defense of “just cause” termination....more

Littler

West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

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For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly...more

Foley Hoag LLP

Product Liability Update -- October 1, 2013

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In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

Ervin Cohen & Jessup LLP

Receivers in Arbitration Proceedings

QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more

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