JD Supra has published this article by Michael Wolgin at Carlton Fields, discussing the appellate decision in Johnson v. National Football League Players Association, No. 19-2734 (2d Cir. July 17, 2020).
The Florida District Court of Appeal has reversed a lower court’s denial of a motion to compel arbitration. The lower court concluded that a provision stating that a party “may initiate arbitration” did not entitle a disputant to insist that the matter be arbitrated, even though the other party commenced litigation. Citing precedent, the appellateContinue reading “Court Erred In Finding Arbitration Provision To Be Discretionary Rather Than Mandatory”
Chief United States District Judge Lee Rosenthal tackled thorny arbitration questions arising out of a dispute between two physicians and a law firm they engaged to provide tax advice and tax shelters. As Chief Judge Rosenthal succinctly summarizes: “The result ispiecemeal presentations before three different arbitrators. It is not efficient, and certainly not pretty, butContinue reading “Federal Court Sorts Out Arbitration Dispute Between Doctors And Lawyers”
JD Supra has this article authored by Benjamin Stearns of Carlton Fields, discussing the decision in Precision Castparts Corp. v. Schulz Holding GmbH & Co. KG, No. 1:20-cv-03029 (S.D.N.Y. July 20, 2020).
The potential for a paradigm change toward online mediation in light of the necessities brought about by COVOID-19 is the subject of these two articles: “Back To The Future – Where Does Mediation Go From Here?,” authored by Richard Byrne of National Arbitration and Mediation, and found here on JD Supra. “VIEW: Online mediation forContinue reading “Perspectives On Online Mediation”
The decision of the U.S. Court of Appeals for the District of Columbia Circuit in National Weather Service Employees Organization v. Federal Labor Relations Authority is the subject of this article by Erich Wagner in Government Executive.
The New York Times has published this article discussing a decision by Judge Jed Rakoff.
“Menendez, Banking and Finance Dems Urge C4 Negotiators to Ban Arbitration Clauses Attached to Needed Benefits.” See this article in Insider NJ.
Amtrak passengers’ litigation challenge to an arbitration requirement has been rejected by a federal court as speculative. Amtrak added the provision to its terms of service last year, prompting two passengers to sue, alleging that the requirement is ” unconstitutional and unlawful in several ways.” Amtrak’s motion to dismiss, was granted in view of theContinue reading “Court Dismisses Amtrak Passengers’ Challenge To Arbitration Requirement As Speculative”