News & Analysis as of

Arbitration Agreements

Carlton Fields

Ninth Circuit Upholds Lower Court Rulings on Nurse Staffing and Work Break Arbitration Awards

by Carlton Fields on

The Ninth Circuit recently decided two cases related to arbitration awards arising out of a settlement agreement between the Washington State Nurses Association (WSNA) and MultiCare Health System governing nurses’ breaks and...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Carlton Fields

Tenth And Eleventh Circuits Buck Other Circuits Requiring Higher Showing Of Intent To Delegate Class Arbitrability to Arbitrator

by Carlton Fields on

Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements incorporating the American Arbitration Association (AAA)’s arbitration rules itself...more

Ballard Spahr LLP

Consumer Advocates’ Proposed “Arbitration Multiplier” Is a Wolf in Sheep’s Clothing

by Ballard Spahr LLP on

According to a forthcoming article by Professors Andrea Chandrasekher and David Horton in the California Law Review, more consumers and their lawyers would take advantage of individual arbitration if states enacted...more

Genova Burns LLC

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

by Genova Burns LLC on

August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

Burr & Forman

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

by Burr & Forman on

On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

Mitchell Silberberg & Knupp LLP

California Legislative Efforts to Ban Non-Disclosure Agreements and Arbitration Agreements in the Workplace Edging Closer to...

AB 3080, a closely watched bill affecting the workplace, recently passed the Senate and now is awaiting the Governor’s final approval. A product of the “me too” movement, AB 3080 does a number of things that are intended to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virgin Islands Supreme Court Confirms Applicability of FAA and Issues Guidance on Arbitration Agreements

In Whyte v. Bockino, No. 2017-0024 (August 29, 2018), the Supreme Court of the United States Virgin Islands held that the Federal Arbitration Act (FAA) applies to contracts in the Virgin Islands and concluded that the claims...more

Womble Bond Dickinson

You Have the Right to Defend Your Business Model: Court Allows Online Lead Generator to Intervene in Putative TCPA Class Action

by Womble Bond Dickinson on

Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it. By the time these leads reach the caller, a consumer will...more

Gray Reed & McGraw

An Arbitration Ruling That’s About More Than Arbitration

by Gray Reed & McGraw on

In 2016 Ridge contacted the McDaniels (Double Eagle’s predecessors) with an offer to “lease” their mineral interests in Winkler County. The McDaniels informed Ridge about a producing lease from 2004, and were assured that it...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Refuses to Bind Nonsignatory to Arbitration Agreement

A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA)....more

Ballard Spahr LLP

New Jersey Court Rejects Punitive Damages Waivers in Employment Arbitration Agreements

by Ballard Spahr LLP on

The New Jersey Appellate Division recently held in Roman v. Bergen Logistics, LLC, that a provision in an arbitration agreement that requires an employee to waive claims for punitive damages under the New Jersey Law Against...more

Seyfarth Shaw LLP

California Legislative Update: Sexual Harassment, Other Bills Await Governor’s Signature

by Seyfarth Shaw LLP on

Seyfarth Synopsis: August 31 was the California Legislature’s last day to send bills to Governor Brown for his approval or veto by his September 30 deadline. Chief among them are bills addressing sexual harassment....more

Cole Schotz

Employers May Not Contractually Limit Substantive Rights And Remedies Under New Jersey’s Law Against Discrimination

by Cole Schotz on

On August 23, 2018, New Jersey’s intermediate appellate court in Roman v. Bergen Logistics, LLC et al., ruled that employers could not contractually limit the remedies available for successful employment discrimination...more

K&L Gates LLP

When “Clear and Unmistakable” Is neither Clear nor Unmistakable: Circuit Split Emerges as to Whether Arbitrator or Court Should...

by K&L Gates LLP on

Less than a week apart, the U.S. Courts of Appeals for the Tenth and Eleventh Circuits issued similar rulings regarding class arbitration. Both courts examined the question of whether the incorporation of American Arbitration...more

Constangy, Brooks, Smith & Prophete, LLP

Is Arbitration A Good Fit For Your Company?

There are cons, as well as pros. The recent Supreme Court decision in Epic Systems Corp. v. Lewis -- approving the use of class or collective waivers in arbitration agreements -- was undoubtedly a victory for employers....more

McAfee & Taft

Appeals court rules contractual jury trial waiver unenforceable

by McAfee & Taft on

Earlier this month, the Oklahoma Court of Civil Appeals issued a decision that threatens the enforceability of contractual provisions waiving the right to a jury trial. In Home Vest Capital, LLC v. Retirement Application...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released...more

Ward and Smith, P.A.

Construction Arbitration: The Pros and Cons

by Ward and Smith, P.A. on

It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Fisher Phillips

Will He or Won’t He? Employment Arbitration Ban Proposal Heads to Governor Brown

by Fisher Phillips on

The #MeToo movement and the national focus on sexual harassment have sparked significant legislative activity at the state level designed to address these issues. Here in California, lawmakers introduced over two dozen bills...more

Fisher Phillips

Strip Club Win Shows The Power Of The Epic SCOTUS Ruling For Gig Companies

by Fisher Phillips on

When the Supreme Court decided this May that businesses were permitted to enter into class waiver agreements with employees and contractors, forcing them into individual arbitration proceedings over workplace disputes rather...more

Jackson Lewis P.C.

Just As With The NLRA, The FLSA Does Not Preclude Collective Action Waivers In Arbitration Agreements, Sixth Circuit Holds

by Jackson Lewis P.C. on

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in employment-related arbitration agreements, the Sixth Circuit Court of Appeals...more

Womble Bond Dickinson

Pride Goeth Before the Fall: DirecTV Effort to Leverage Wireless Market Leads Following AT&T Merger Leads to Unshakable TCPA Class...

by Womble Bond Dickinson on

Business lines are always looking to expand their pool of leads through cross-marketing efforts, especially following a corporate merger. But as a new decision out of the Northern District of California proves, it is...more

Bradley Arant Boult Cummings LLP

Be Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement...

The Eleventh Circuit has held that, absent express language to the contrary in the arbitration agreement itself, whether class arbitration is permitted under an arbitration agreement selecting American Arbitration Association...more

Mintz - Arbitration, Mediation, ADR...

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a contractual waiver of “class arbitration” unenforceable, it provided an extensive...more

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