The US Supreme Court granted certiorari on Friday in an arbitration case. The issue is whether a federal court that initially exercises jurisdiction and stays a case pending arbitration maintains jurisdiction over a post-arbitration Section 9 or 10 application where
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NLRB & MSPB removal update
DC Court of Appeals holds that Congress may not constitutionally prohibit the President from removing members of the National Labor Relations Board and Merit Systems Protection Board without cause. The court said, “the NLRB and MSPB wield substantial powers that
Another Grossman update
Paul Grossman just sent out a 118 page Employment Discrimination Law Update. If you practice employment law, this is something you must have. It’s thorough, objective, accurate, and easy to read. The UPDATE is a personal supplement to the book
Reviewing NLRB "pecuniary harm" remedies
Commenting on federal Circuit Courts’ reactions to Thryv, Inc., 372 NLRB No. 22 (2022)Also on YouTube https://youtu.be/cILqPyZUgNQ
Another SCOTUS arbitration case
The US Supreme Court has granted certiorari to review another arbitration case. Flower Foods, Inc. v. Brock (Cert granted 10/20/2025) [Briefs]. The issue: Are workers who deliver locally goods that travel in interstate commerce—but who do not transport
Post-hearing briefs—Arbitration Boot Camp.
The biggest mistake I see in post-hearing briefs is ignoring their strong points and ignoring your weak points. You know they’re going to bring these up. You ignore these at your peril. Bring them up yourself. I’m going to give
Cross-Examination—Arbitration Boot Camp.
There are two reasons to do cross-examination. One I call constructive. The other I call destructive. Constructive cross-examination (sometimes called hitchhiking) is where you’re basically going to use the other side’s witness as if they were your witness. That witness
R.I.P. Humphrey’s Executor
On Monday the US Supreme Court granted certiorari to decide “Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U. S. 602
Opening Statement—Arbitration Boot Camp
Your opening statement is the one chance that you have to make a first impression. It’s the first chance you have to tell your story. And it’s the only chance to warn me in advance about what I should be