Samura v. Savaseniorcare Administrative Services, LLC presented a Maryland District Court with the issue of whether a lawsuit by a former employee was required to be arbitrated. The court, reviewing an Employment Dispute Resolution Program Agreement, concluded that arbitration was required. However, the court turned the tables on the employer, who in addition to seekingContinue reading “Be Careful What You Ask For”
In Solomon v. Carite Corporate LLC, the Sixth Circuit overruled the District Court’s denial of summary judgment sought be an employer contending that a former employee’s claims against it and a co-employee were subject to arbitration. In addition to the appellate court finding the arbitration agreement was broad enough to encompass the claims at issue,Continue reading “Appeals Court Finds Plaintiff’s Factual Assertions Legally Insufficient To Overcome Agreement to Arbitrate”
The Ninth Circuit’s decision in Reichert v. Rapid Investments, Inc. provides a reminder that the enforceability of an arbitration provision requires the same factual analysis applicable to contracts in general. As discussed in this article by Benjamin Stearns of Carlton Fields, published in JD Supra, the court, applying Washington state law, held that two individualsContinue reading ““Determination of Valid Arbitration Agreement May Be Dependent on ‘Outward Manifestations and Circumstances Surrounding the Transaction’””
Contracting parties agreeing that disputes should be submitted to arbitration constitutes only part of the issue for negotiation. Prudent contracting also requires the parties to determine which arbitration tribunal shall administer the proceeding. Rules can vary, with meaningful impact on the course of a potential arbitration. This article, by Risteard de Paor of Dentons, publishedContinue reading ““New Arbitration Rules For New Times: ICC, LCIA or MIAC?””
In Home Inspections of VA and WV, LLC v. Hardin, the West Virginia Supreme Court reversed a lower court’s determination that a home inspection agreement did not require arbitration of a dispute with a property owner. The agreement provided as follows: ARBITRATION: Any dispute concerning the interpretation ofthis agreement or arising from this inspection report,Continue reading “West Virginia Court Broadly Interprets Contract Provision To Require Arbitration”
Invoking a rarely utilized writ of prohibition, an employer successfully prevailed upon the West Virginia Supreme Court to prohibit a lower court from enforcing its order denying a motion to compel arbitration of claims brought by a former employee. In State of West Virginia Ex Rel. Troy Group, Inc., A Delaware Corporation v. The HonorableContinue reading “Lower Court’s Skepticism Over Authenticity of Arbitration Agreement Rejected By West Virginia Supreme Court”
This article by Chris Cooke, available through Complete Business Update (CMU), discusses a Ninth Circuit dispute between HBO and the Michael Jackson estate regarding the duration of a non-disparagement provision contained in a 1992 contract between HBO and Jackson. The estate contends the provision endures forever, as well as a requirement that disputes arising underContinue reading ““HBO urges Ninth Circuit to stop its Leaving Neverland dispute with the Jackson estate from going to arbitration””
Steven Phillips of Jackson Lewis provides an excellent overview of FINRA arbitration rules and procedures applicable to employment matters in this article published by The National Law Review. This is well worth a read for those contemplating the submission of an employment arbitration to this forum.
“Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues that they cannot try before a court given the court’s mandatory obligation to report certain matters to the proper authoritiesContinue reading ““If You Want A Right To Appeal An Arbitration Award, Build It Into Your Arbitration Agreement””
JD Supra has published this article by Katherine Blankenship and David Pugh of Bradley Arant Boult Cummings LLP, discussing the Alabama Supreme Court’s decision in Fagan v. Warren Averett Companies, LLC.