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Arbitration Agreements

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Courts Continue Trend Favoring Employees In Disputes Involving Enforcement of Arbitration Agreements

As previously covered by HR Legalist, arbitration agreements can be important tools for employers to avoid costly and public employment disputes in open court. However, there are limitations to enforceability of these...more

Seyfarth Shaw LLP

Court Of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more

Carlton Fields

Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy

by Carlton Fields on

In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida’s Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration...more

Manatt, Phelps & Phillips, LLP

Law Firm’s Arbitration Provision Unconscionable

Why it matters - A California appellate panel determined that a law firm’s arbitration agreement with a partner was unconscionable, reversing a trial court’s grant of a motion to compel arbitration in an employment...more

Davis Wright Tremaine LLP

California Employment Law Year in Review: Important Developments of 2018

by Davis Wright Tremaine LLP on

2018 saw a number of new and important cases and other developments that affect California employers. U.S. Supreme Court Upholds Class Action Waivers - The U.S. Supreme Court finally and conclusively established that class...more

Seyfarth Shaw LLP

High Court’s Ruling On Class Arbitration In Lamps Plus v. Varela May Have Limited Practical Effect

by Seyfarth Shaw LLP on

After recently hearing oral argument in Lamps Plus Inc. v. Varela, the United States Supreme Court is set to decide whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that...more

Mintz - Arbitration, Mediation, ADR...

How to Compel Arbitration When Litigation Is Commenced in State Court

In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more

Cohen & Grigsby, P.C

PA Adopts the Revised Uniform Arbitration Act: What You Need to Know

by Cohen & Grigsby, P.C on

On June 28, 2018, by House Bill 1644, Pennsylvania adopted the Revised Uniform Arbitration Act (RUAA), effective July 1, 2019. The RUAA replaces the 1955 Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7301-7320, as the most...more

Polsinelli

State High Court Decision Highlights National Split of Authority and Offers Lessons for Those Who Rely on Arbitration

by Polsinelli on

The Missouri Supreme Court recently upheld a refusal to compel parties to arbitrate their dispute before a different forum when the one listed in their agreement could not accept the case. ...more

Burr & Forman

Labor & Employment E-Note - November 2018

by Burr & Forman on

At long last, the national midterm election results are in. In this Alert, Birmingham attorneys Trent Scofield and Caroline Page provide some takeaways as we plan for what lies ahead. Please see full E-note below for more...more

Littler

New Jersey Courts Continue to Raise the Bar for Enforceable Arbitration Agreements

by Littler on

The New Jersey Appellate Division recently issued a decision adding yet another hurdle for employers in the Garden State to overcome in drafting and enforcing arbitration agreements. ...more

Carlton Fields

Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements

by Carlton Fields on

Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed. ...more

Genova Burns LLC

Can New Jersey Courts Reach a “Meeting of the Minds” With the Federal Arbitration Act?

by Genova Burns LLC on

Three recent decisions in New Jersey shed new light on the ongoing tension between the Federal Arbitration Act (“FAA”) and the standard of review utilized by the New Jersey courts concerning the enforceability of arbitration...more

Foley & Lardner LLP

Whatever the Court Decides It Won’t End the Debate Over Class Action vs. Individual Arbitration

by Foley & Lardner LLP on

The interplay between arbitration agreements and employment-based class actions has been the subject of extensive and often conflicting legal opinions for the last half-decade. While many hoped the issue would gain clarity...more

Fisher Phillips

Airbnb Joins Uber And Lyft, Ending Mandatory Arbitration For Sexual Harassment And Discrimination Claims

by Fisher Phillips on

Airbnb Inc. recently announced it would no longer force its employees who filed sexual harassment lawsuits to settle their claims in private arbitration. The notice came only days after Google and Facebook made similar...more

Bradley Arant Boult Cummings LLP

Florida Court Finds Arbitration Clause Expanding Authority of Courts to Vacate/Modify Arbitration Awards Unenforceable

The Florida Arbitration Code addresses the confirmation, vacation, modification or correction, and appeal of arbitration awards in Florida. In September, a Florida District Court of Appeal addressed whether parties may expand...more

Jackson Lewis P.C.

The Changing Landscape Of Sexual Harassment Claims And Mandatory Arbitration Agreements

by Jackson Lewis P.C. on

The year 2018 has seen significant shifts in the landscape of gender equality and sexual harassment. Complaints of sexual harassment in California nearly doubled in the first three months of 2018. From January through March...more

Stinson Leonard Street - Arbitration Nation

Studies Conclude Arbitration Is A Black Hole With Repeat Player Bias (But Also Faster & Cheaper Than Court)

You know what rarely rises to the top of my “to do” list? Reading scholarly articles and studies about arbitration. Blech. But, since I haven’t seen any good court decisions lately, it is time to visit the neglected pile...more

Obermayer Rebmann Maxwell & Hippel LLP

Facebook Joins the Ranks of Employers Ending Forced Arbitration for Sexual Harassment Claims

In the wake of the #Metoo movement and a result of growing pressure on state legislators and industry leaders, Facebook has become the most recent tech giant to stop requiring its employees to agree to submit to arbitration...more

Kilpatrick Townsend & Stockton LLP

The Lamps Plus oral argument suggests the U.S. Supreme Court may address the threshold issue of an arbitrator’s power to...

Takeaway: As we explored in a prior post (“Class arbitration – can it even work?”), conducting a class arbitration like most class actions – that is, giving absent class members notice and an opportunity to opt-out – may not...more

Kilpatrick Townsend & Stockton LLP

Reading between the lines: the Seventh Circuit’s recent class arbitrability ruling suggests a paradigm for squaring delegation...

Takeaway: In the wake of the U.S. Supreme Court’s continued vigorous enforcement of class action waivers, more and more corporate parties can be expected to include broad class action waivers in their contracts with consumers...more

Carlton Fields

District Court Finds that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is Not Preempted By State...

by Carlton Fields on

A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension created by Louisiana law barring compulsory arbitration provisions in...more

Carlton Fields

Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement

by Carlton Fields on

Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause? The Eleventh Circuit...more

Patterson Belknap Webb & Tyler LLP

Arbitration Not Waived in Lawsuit Pending for Two Years

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses...more

Mintz - Arbitration, Mediation, ADR...

New Rules of the Hong Kong International Arbitration Centre Arguably Foster Collective and Opt-In Class Arbitration

The Hong Kong International Arbitration Centre (“HKIAC”) has promulgated a new set of Administered Arbitration Rules (“AAR”), effective November 1, 2018. Among those rules are Articles 27-30 concerning the HKIAC’s powers to...more

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