News & Analysis as of

Federal Arbitration Act Wrongful Termination

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more

Proskauer - Minding Your Business

Supreme Court Limits Federal Court Jurisdiction to Vacate or Confirm Arbitration Awards

In an 8-1 decision, the United States Supreme Court recently held in Badgerow v. Walters that federal courts may not examine the substance of arbitration disputes to establish federal question jurisdiction under Sections 9...more

Sands Anderson PC

To Arbitrate or Not to Arbitrate? “Where?” is the Question

Sands Anderson PC on

Last month, the U.S. Supreme Court provided very helpful instruction on how to enforce arbitration agreements under the Federal Arbitration Act. Short answer: most of the time, arbitrations will get enforced in state court,...more

Jenner & Block

US Supreme Court Issues Significant Ruling Limiting the “Look-Through” Jurisdiction of Federal Courts Under the Federal...

Jenner & Block on

On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more

Miles & Stockbridge P.C.

Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements

On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...more

Winstead PC

Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s...

Winstead PC on

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more

Robins Kaplan LLP

Ice Cube Tells Former BIG3 Commissioner to Check Yo Self with Petition to Enjoin Arbitration

Robins Kaplan LLP on

Just one month after the former president and commissioner of his BIG3 basketball league named him as a respondent in an arbitration proceeding, Ice Cube hit back in a New York federal court to enjoin the arbitration under...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Foley & Lardner LLP

Wisconsin Court of Appeals Issues Reminder of Power of Federal Arbitration Act

Foley & Lardner LLP on

In the last generation, the U.S. Supreme Court has repeatedly promoted the policy under federal law in favor of arbitrating claims, including in the area of employment law. Among other issues, the Court has held on multiple...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Hinshaw & Culbertson LLP

9th Circuit: Because of Simple Contract Oversight, Executive Must Arbitrate Separation Dispute

Most executive level employees have detailed employment agreements outlining the terms and conditions of their high-paying jobs. Putting such agreements in place is a really good idea for a number of reasons, even though it...more

JAMS

Federal Arbitration Case Update | Compelling and Appealing

JAMS on

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Sherman & Howard L.L.C.

SOX Squelches Arbitration of Entangled Claim

In Laubenstein v. Conair Corp., No. 5:14-cv-05227 (W.D. Ark. Nov. 19, 2014), Plaintiff claimed retaliation under the Sarbanes-Oxley Act (“SOX”) and a state-law claim for wrongful termination. A recent amendment to SOX...more

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