News & Analysis as of

Arbitration Commercial Truck Drivers

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Holland & Knight LLP

Do Food Distributors Meet Federal Arbitration Act's Transportation Worker Exemption?

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As we look toward the new year, a new chapter will be written by the U.S. Supreme Court regarding the scope of the exemption under Section 1 of the Federal Arbitration Act (FAA), for "contracts of employment of seamen,...more

BakerHostetler

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

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While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

Arnall Golden Gregory LLP

Top 10 Issues Affecting Employers in 2020

Workforce Issues to Focus On in 2020 - The start of a new year is always a good time for a business to take stock of past practices and future actions, including around workforce compliance issues. ...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Benesch

InterConnect FLASH! No 74 - Transportation Worker Arbitration: It May Not Be Bullet-Proof, But It’s Like Chicken Soup (can’t hurt;...

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Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more

Clark Hill PLC

California Court of Appeal Holds Intrastate Drivers Who Participate in Interstate Commerce Exempt From Federal Arbitration Act

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On March 22, 2019, the California Court of Appeal for the Fifth District in Nieto v. Fresno Beverage Company, Inc., 2019 S.O.S. 1275, ruled that a truck driver who completed only intrastate delivery routes nonetheless...more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Federal Arbitration Act Does Not Apply to Independent Contractor Drivers

In a series of decisions over recent years, the U.S. Supreme Court has repeatedly upheld the use of mandatory arbitration agreements in employment disputes over the objections of employees who claimed various legal reasons...more

Benesch

InterConnect FLASH! No. 71 - Independent Contractor/Owner-Operators: Exempt From Arbitration for Dispute Resolution

Benesch on

On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

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On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Carlton Fields

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

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

BakerHostetler

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

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Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

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