As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more
Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more
In This Issue:
- What Law Applies to Arbitration Clauses?
- What Do You Have to Prove?
- How Have Courts Treated Motions to Compel Arbitration?
- Do You Want to Enforce Your Arbitration?
- What Should...more
Key recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and notably how they interface with BVI statutory remedies and liquidations.
Harneys take a look at...more
In Mendez v. Mid-Wilshire Health Care Center, the California Court of Appeal for the Second Appellate District held that the arbitration provision in a collective bargaining agreement governing a plaintiff’s employment did...more
We have written regularly regarding the enforceability of arbitration clauses contained in standard employment agreements. Understandably, most employers would love to avoid the uncertainty of appearing before a judge or jury...more
Now that we know the Supreme Court is not going to be addressing non-signatories’ ability to compel arbitration this term (at least not in the Toyota case), we can take a moment to look at what lower courts are doing with...more
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an...more
In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more
Regardless of whether you have a favorable opinion of arbitration, one thing is clear: Texas appellate courts continue to enforce arbitration clauses and agreements. In at least two opinions this year, the First District...more
Mandatory Arbitration Clauses -
Many consumer transactions that Americans make today are governed by mandatory arbitration clauses. Most frequently, cell-phone contracts, airline tickets, rental agreements, and other...more
Trenwick Am. Reinsurance Corp. v. Unionamerica Ins. Co.. No. 3:13cv94 (JBA), 2013 U.S. Dist. LEXIS 97518 (D. Conn. Jul. 12, 2013).
A Connecticut federal court compelled arbitration against a reinsurer and denied the...more
Granite State Ins. Co. v. Clearwater Ins. Co., No. C 13-2924 SI, 2013 U.S. Dist. LEXIS 118413 (N.D. Ca. Aug. 19, 2013).
In a very recent case, a California federal court partially denied the petition and denied the...more
In light of the absence of SEC action on topic, Rep. Keith Ellison, D-Minn., a member of the House Financial Services Committee, has introduced the Investors Choice Act of 2013....more
Greenlight Reinsurance, Ltd. v. Appalachian Underwriters, Inc., No. 12 Civ. 8544 (JPO), 2013 U.S. Dist. LEXIS 104605, 2013 WL 3835341 (S.D.N.Y. Jul. 25, 2013).
A New York federal court has denied several motions to...more
Non-competes are governed by different rules from other contracts. Courts limit non-competes to certain circumstances, such as when an individual has received confidential information, goodwill, or specialized training; even...more
In Richards v. Ernst & Young, The Ninth Circuit reversed the District Court’s denial of defendant’s motion to compel arbitration of state wage and hour claims asserted by a former employee.
The District Court had...more
Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable....more
A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers....more
After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share....more
People have been hurling the phrase at one another almost as long as the legal system has existed: I will see you in court! ...more
Mandatory arbitration provisions are not always enforced....more
The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were...more
In the previous installment, we looked at how the ruling of the Supreme Court of the United States in Concepcion pre-empted state laws and judgments which restricted the enforceability of mandatory arbitration clauses in...more
In the previous segment, we introduced the approach taken by the state courts in California since 2000, when the Supreme Court of California ruled in Armendariz that though enforceable, mandatory arbitration clauses are...more