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Claim Preclusion Arbitration

McManis Faulkner

Employment Arbitration Agreements Are “Under Water” Until The Supreme Court’s Decision Is Released in River Viking Cruises v....

McManis Faulkner on

California employment litigators currently feel as if the world is at a standstill. Each and every attorney, whether counsel for defense or plaintiff, is holding their breath. For the last couple of years, plaintiff’s...more

Jackson Lewis P.C.

Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a plaintiff’s Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) overtime pay claims in federal court, after she previously had...more

Jackson Walker

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

Jackson Walker on

For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Polsinelli

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

Polsinelli on

The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

Carlton Fields

Preclusive Effect Of Prior Arbitration Is An Arbitrable Issue

Carlton Fields on

The U.S. District Court for the District of Massachusetts recently applied the First Circuit’s analysis in Employers Insurance Co. of Wausau v. OneBeacon American Insurance Co., Case No. 13-1913 (1st Cir. Feb. 26, 2014), when...more

Foley & Lardner LLP

Even If It Does Not Say So, an Arbitration Agreement May Preclude Class Actions

Foley & Lardner LLP on

Nearly two years ago, in the now infamous D.R. Horton decision, the National Labor Relations Board ruled that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees...more

Hinshaw & Culbertson LLP

Arbitrator’s Award Given Preclusive Effect in Racial Discrimination Case

In Wade v. Ports America Management Corp., the California Court of Appeal, Second Appellate District held that an arbitration award, pursuant to a collective bargaining agreement, had res judicata effect on a plaintiff’s...more

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