Topic
arbitration clauses
2,405 published works
Labor Law Prof Blog
Two Courts Refuse to Enforce Arbitration Agreements
The Fifth Circuit has become the third federal circuit court (after the Sixth and Seventh) to refuse to enforce an employmnt arbiration agreement that Ryan's Family Steakhouse sought to impose…
Labor Law Prof Blog
PING: CA1: arbitration, antitrust, severance, and statutory rights collideURL: http://appellate.typepad.com/appellate/2006/04/ca1_arbitration.htmlIP: 204.9.178.8BLOG NAME: Appellate Law DATE: 04/22/2006 11:17:20 PMKristian v. Comcast Corporation, No. 04-2619, is, an interesting question regarding arbitration. A number of Comcast subscribers sued Comcast for violations of state and federal antitrust laws (i.e. the Clayton Antitrust Act, 15 U.S.C. §§ 15 and 26 and…
The First Circuit released Friday a consumer arbitration case that will significantly affect employment arbitration on the issues of discovery, shortened limitations periods, restricted damage awards, prohibitions on shifting costs…
Labor Law Prof Blog
Court Addresses Breadth of Agreement to Arbitrate “Any [Employment] Disputes”
Thomas Cox signed an arbitration agreement with his employer Ocean View Hotel Corp. (dba Radisson Waikiki Prince Kuhio Hotel, pictured at left). Two years later, his supervisor accused him of…
Labor Law Prof Blog
Court Refuses to Compel Arbitration of Claims Brought by Employees Intervening in EEOC Suit
The U.S. District Court for the Eastern District of Kentucky has refused to compel arbitration, notwithstanding an arbitration agreement, of claims brought by employees who had intervened in an EEOC…
ContractsProf Blog
Arbitration Clauses in Employment Contracts
No issues of contract law seem hotter today than those that swirl around arbitration clauses. They have been particularly troublesome in employment situations, where employees may be required to arbitrate…
Labor Law Prof Blog
Federal Court in TN Orders Arbitration
In a case released yesterday, the U.S. District Court for the Western District of Tennessee ordered an employee to arbitration despite the employee's arguments that her arbitration agreement was (1)…
Labor Law Prof Blog
Illinois Supreme Court Rejects “Knowing & Voluntary” Standard for Employment Arbitration
The Illinois Supreme Court yesterday ruled that an employee's "knowing and voluntary" consent is not a precondition to enforcement of an employment arbitration agreement. The case is Melena v. Anheuser-Busch,…
Bankruptcy Litigation Blog 2.0
Arbitration Clauses in Delaware and the Third Circuit Recently Examined
Congratulations are in order for fellow blogger and friend, Francis X. Pileggi of the Delaware Litigation Blog, who's made some new law in Delaware. As he reports here, the Delaware…
Labor Law Prof Blog
Fourth Circuit Finds “Manifest Disregard”; Vacates Arbitrator’s Dismissal of Employee’s Claim
In Patten v. Signator Insurance Agency, Inc., No. 05-1148 (4th Cir. March 13, 2006), an employee sought to arbitrate his discrimination, wrongful discharge, and contract claims against his employer. The…
Labor Law Prof Blog
Top Maryland Court Orders Arbitration Despite Employer’s Unilateral Right to Alter Arbitration Rules
The Maryland Court of Appeals yesterday ordered arbitration in an employment case over the employee's objection that the the employer's contractual right to alter the arbitration rules at any time…