Topic
arbitration clauses
2,405 published works
Labor Law Prof Blog
Judge Strikes “No Class Action” Clause in Consumer Arbitration Case
In a separate consumer-arbitration case, Judge Edmunds refused to enforce an arbitration agreement imposed by cell phone provider T-Mobile on its customers. Recognizing that the Third, Fourth, Seventh, and Eleventh…
Boston ERISA & Insurance Litigation Blog
Coverage Arbitration Pros and Cons
As soon as I read the article Arbitration's Fall From Grace in GC South, I knew I needed to pass it along to others. Insurance policies are often written with…
Labor Law Prof Blog
Recently-Published Scholarship
ArticlesWilliam B. Gould IV (left), Kissing Cousins?: The Federal Arbitration Act and Modern Labor Arbitration, 55 Emory L.J. 609 (2006).Scott A. Moss (center), Where There's At-Will, There Are Many Ways:…
Labor Law Prof Blog
The Owl Ate My Arbitration Agreement
Brandi Newman sued Hooters for, among other things, sex discrimination. Hooters moved to dismiss or to stay pending arbitration. Only problem was, Hooters couldn't produce the arbitration agreement Newman purportedly…
La Revue
Faculté de renoncer à l’exécution d’une convention d’arbitrage
Dans un arrêt du 7 juin 2006, la Cour de cassation consacre pour la première fois (tellement c'est évident), sous le visa des articles 1442 et 1447 du NCPC, une…
Labor Law Prof Blog
NLRB Finds Non-Union Arbitration Clause = ULP
The National Labor Relations Board has held, in U-Haul Co. of California (NLRB June 8, 2006), that a non-union employer committed an unfair labor practice by adopting a mandatory arbitration…
Delaware Corporate & Commercial Litigation Blog
Arbitration Clause Enforced
In Delta Pine Land Company v. Monsanto Company, download file, the Chancery Court read two related agreements together to conclude that the parties intended to arbitrate the issues raised. The…
Labor Law Prof Blog
Court Refuses to Enforce Arbitration Agreement Containing Discovery Restrictions
Daughter sued on behalf of mother injured while residing in a nursing home. An arbitration agreement in the Residency Agreement permitted deposition only of expert witnesses. The court found this…
Labor Law Prof Blog
Court Rules That Filing a 12(b)(6) Motion Does Not Waive Arbitration
Jonathan Jung sued his employer Skadden Arps for race and national origin discrimination. Skadden filed a 12(b)(6) motion. The court found the motion meritorious, but granted Jung leave to amend…
Labor Law Prof Blog
Hawai’i Supreme Court Refuses to Enforce Arbitration Agreement
An employee at an Acura car dealership was injured when his supervisor allegedly discharged an air hose into the employee's anus. The employee sued the dealership for sexual harassment, sex…