Stephanie Adler-Paindiris

Stephanie Adler-Paindiris

Jackson Lewis P.C.

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Resolving Circuit Split, U.S. Supreme Court Says Courts ‘Shall’ Stay Cases Sent to Arbitration

“Shall” means “shall” in the Federal Arbitration Act (FAA), a unanimous U.S. Supreme Court held in Smith v. Spizzirri, No. 22–1218 (May 16, 2024). The Court explained the language in the FAA providing a court “shall on...more

5/21/2024  /  Arbitration , Arbitration Agreements , Certiorari , Dismissals , Federal Arbitration Act , Judicial Proceedings , Mandatory Arbitration , SCOTUS , Smith v Spizzirri , Stays

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

6/28/2023  /  Arbitration Agreements , Automatic Stay , Coinbase Inc v Bielski , Cryptocurrency , Federal Arbitration Act , Fraud , Interlocutory Appeals , Motion to Compel , Pre-Trial Motions , SCOTUS , Stays

U.S. Supreme Court Rejects Courts’ Use of ‘Look-Through’ Approach in Reviewing Arbitration Awards

A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case...more

4/4/2022  /  Arbitration , Arbitration Awards , Corporate Counsel , Employer Liability Issues , Federal Arbitration Act , SCOTUS

Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement To Allow For Collective Claims

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal...more

4/22/2020  /  American Arbitration Association , Arbitration , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Unpaid Overtime

Fifth Circuit Rules District Court Erred In Ordering Notice Of Collective Action To Employees Who Signed Arbitration Agreements

In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order notice be sent to employees as part of a certification who, by a...more

2/27/2019  /  Arbitration Agreements , Class Action , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Unpaid Wages , Wage and Hour

Class Action Trends Report Winter 2019

Are you my employee? Ayanna is working as an IT consultant at Globo Worldwide, part of a large team brought on to assist the e-commerce company in updating its website and email servers for EU General Data Protection...more

2/27/2019  /  Class Action , Class Certification , Equal Employment Opportunity Commission (EEOC) , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , FRCP 23 , Independent Contractors , Misclassification , Wage and Hour

Eleventh Circuit: Court Will Decide Parties’ Intentions In ‘Unclear’ Arbitration Agreements

In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue left open by the U.S. Supreme Court, the Eleventh Circuit has ruled that who decides whether an action can be litigated as a class in...more

9/28/2018  /  Arbitration , Arbitration Agreements , Class Action , Class Arbitration , Corporate Counsel , Federal Arbitration Act

Supreme Court Review Likely After Seventh Circuit Creates Split on Class and Collective Action Waivers under NLRA

Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held that arbitration agreements that prohibit employees from bringing or participating in class or...more

6/3/2016  /  Arbitration Agreements , Corporate Counsel , D.R. Horton v NLRB , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , Wage and Hour
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