Arbitration – Is it the Happiest Place on Earth?
5/4/21
By: Anna Drake
A recent lawsuit filed in Pennsylvania state court involves the important topic of dispute resolution and how it can play out in an employment setting. It can be specifically important in terms of employment agreements that include …
Arbitration Clauses in Legal Engagements Are Not Per Se Void
9/17/20
By: Dana Maine
Joining with most other jurisdictions, the Georgia Supreme Court affirmed a Court of Appeals decision finding that arbitration clauses in attorney engagement agreements are not against public policy and clarified the burden of persuasion for demonstrating procedural …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …
FINRA Amends Rules to Incentivize Timely Payment of Arbitration Awards
6/17/20
By: Kathleen Cusack and Kirsten Patzer
On May 21, 2020, the Financial Industry Regulatory Authority (FINRA) announced that effective September 14, 2020, its Membership Application Program (MAP) rules will be amended to further incentivize the timely payment of arbitration awards. …
5/18/20
By: Kevin Kenneally, Janet Barringer and William Gildea
In a further blow to class action claimants and lawyers, a Massachusetts Superior Court Judge recently ruled a car salesman could not arbitrate Wage Act claims on behalf of coworkers absent …
9/26/19
By: Justin Boron
The judicial trend in favor of arbitration and class action waivers continues—this time in employee benefit plans.
Last month, a Ninth Circuit Court of Appeals panel validated an arbitration and class action waiver agreement contained in an …
Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …
7/11/19
By: Timothy Kenna
Many automobile insurance policies designate an Arbitration Administrator to conduct UIM arbitrations under their rules. Increasingly counsel for the insured are seeking to avoid arbitration under the rules of the selected Administrator arguing that there is an …
Employers Should Consider "Prevailing Party" Language In Arbitration Clauses
3/13/19
By: Ken Menendez
Employers seeking to discourage frivolous claims by employees may wish to consider utilizing a “prevailing party” clause as part of their agreement to arbitrate.
Many employers utilize arbitration as a means of avoiding the generally greater cost …
Latest FINRA Rules to Regulate Expungement Actions
2/19/19
By: Margot Parker
FINRA recently announced its approval of enhanced training and guidance for arbitrators hearing expungement requests, an issue under increasing scrutiny as over 90% of such actions are currently granted. The proposal is now under review by the …
The Supreme Court Weighs in on Arbitrability, But Questions Remain
1/31/19
By: Ted Peters
As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., …
Arbitration Agreements in New Jersey Need More Details
11/16/18
By: Chris Curci
On November 13, 2018, the Superior Court of New Jersey, Appellate Division, issued an important decision holding that an arbitration agreement between the employer and employee was not enforceable. Flanzman v. Jenny Craig, Inc., Docket No. …