In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more
4/1/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Hiring & Firing ,
Religious Accommodation ,
Termination ,
Title VII ,
Vaccinations
In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more
2/18/2025
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
COBRA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Health Insurance ,
Labor Code ,
Motion to Compel ,
Spouses ,
Starbucks ,
Unenforceable Contract Terms
In Subway Franchise Systems of Canada ULC v. Subway Developments 2000 Inc., the U.S. District Court for the Southern District of New York addressed whether an arbitrator exceeded her authority when ordering that one of the...more
12/4/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Termination ,
Contract Terms ,
Federal Arbitration Act ,
Franchise Agreements ,
Franchises ,
Lack of Authority ,
Motion to Vacate ,
Subway
In Hejamadi v. Midland Funding LLC, the U.S. District Court for the District of New Jersey, on remand from the Third Circuit Court of Appeals, addressed whether the defendants waived their rights to compel arbitration of the...more
In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more
The plaintiff was employed by defendant Pilot Catastrophe Services Inc. as an insurance claims adjuster, where she was responsible for inspecting property damage claims and providing damage estimates to insurance companies....more
In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more
5/31/2024
/ Adverse Employment Action ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Employees ,
Employment Litigation ,
Hiring & Firing ,
Labor Disputes ,
MI Supreme Court ,
Standard of Review ,
Unions ,
Vacated
In Huzhou Chuangtai Rongyuan Investment Management Partnership v. Qin, the Second Circuit Court of Appeals affirmed a district court order granting summary judgment confirming a Chinese arbitration award totaling...more
In Mancuso v. MDG USA Inc., the Third Circuit Court of Appeals considered defendant MDG’s appeal of an order denying its motion to compel arbitration of the plaintiff’s lawsuit alleging violations of state and federal fair...more
In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more
The Eleventh Circuit Court of Appeals dismissed, sua sponte, a district court order that granted defendant Trina Solar (U.S.) Inc.’s motion to compel arbitration and stay the underlying case. The court did not address the...more
Noting the court was deciding, as a matter of first impression, “what a party must do to specifically challenge a delegation provision and what a court may consider when evaluating this challenge,” the Ninth Circuit Court of...more
1/26/2024
/ Arbitration ,
Arbitration Agreements ,
Coinbase ,
Coinbase Inc v Bielski ,
Consumer Complaint Management ,
Contract Disputes ,
Delegation Clauses ,
Digital Assets ,
Digital Wallets ,
Electronic Fund Transfer Act ,
Motion to Compel ,
Regulation E ,
Trading Platforms ,
Unconscionable Contracts ,
Unenforceable Contract Terms
The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more
1/23/2024
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Terms ,
Credit Reports ,
Damages ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Loan Applications ,
Motion to Compel ,
Statutory Violations
In Jackson v. Applied Materials Corp., the Ninth Circuit Court of Appeals affirmed a district court order granting a motion to compel arbitration of the plaintiff’s discrimination and retaliation claims, finding the...more
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
In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more
11/8/2023
/ Arbitration ,
Arbitration Agreements ,
Employees ,
Employment Discrimination ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Labor Laws ,
Labor Law Violations ,
Motion to Compel ,
Pregnancy Discrimination ,
Retaliation ,
Unpaid Wages ,
Wage and Hour
In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more
The Third Circuit Court of Appeals has reversed a district court decision compelling arbitration, finding that the parties’ designation of an accounting expert to resolve certain issues did not constitute an agreement to...more
In Perez v. Discover Bank, the Ninth Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of the plaintiff’s discrimination claims, finding that the mandatory arbitration provisions...more
In Travelers Casualty Insurance Company of America v. Papagiannopoulous, the U.S. District Court for the District of Maryland addressed the issue of whether a real estate “appraisal provision” included in an insurance policy...more
In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more
In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more
7/26/2023
/ Arbitration ,
Arbitration Agreements ,
Automotive Industry ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Law Violations ,
Layoff Notices ,
Layoffs ,
Separation Agreement ,
Tesla ,
WARN Act
In Hicks Unlimited, Inc. v. UniFirst Corporation, the Supreme Court of South Carolina agreed with a trial court ruling that the underlying contract between the parties, which included mandatory arbitration “to be governed by...more
Citing the Administrative Procedure Act (APA), and recognizing the role of the district court in reviewing a final agency determination under the act, the U.S. District Court for the Northern District of California granted...more
In Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, the Alabama Supreme Court reversed opinions of the trial court that had denied motions to compel arbitration and held...more