News & Analysis as of

Motion To Stay Motion to Compel Employment Litigation

Snell & Wilmer

U.S. Supreme Court Resolves Circuit Split Regarding Waiver Analysis for Arbitration Provisions

Snell & Wilmer on

On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Seyfarth Shaw LLP

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

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