“District Court Denies Motion to Compel Arbitration Over Breach of Fiduciary Duties Claims”

This article, published in JD Supra and authored by Hodgson Russ attorneys Peter Bradley, Michael Flanagan, Richard Kaiser, Ryan Murphy and Amy Walters, discusses the Ohio District Court’s recent decision in Hawkins v. Cintas Corps., No. 1:19-CV-1062, 2021 WL 274341, denying a motion to compel ERISA class action claims brought by two employees alleging theContinue reading ““District Court Denies Motion to Compel Arbitration Over Breach of Fiduciary Duties Claims””

“Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement”

René Thorne and Stacey Cerrone of Jackson Lewis authored this article in The National Law Review discussing the Second Circuit’s recent decision in Cooper v. Ruane Cunniff & Goldfarb Inc., in which the appellate panel in a 2-1 decision reversed a lower court order compelling arbitration of an employee’s claims against the investment advisor ofContinue reading ““Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement””

“When Mediating in Colorado [or Elsewhere], Sign a Settlement Memorandum During the Mediation”

Daniel E. Evans and Colleen M. Kwiatkowski of Gordon & Rees have authored this article, available at Lexology, discussing the Colorado Court of Appeals decision in Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, in which they explain that the court “held that post-mediation communications from a mediator memorializing the parties’ agreementContinue reading ““When Mediating in Colorado [or Elsewhere], Sign a Settlement Memorandum During the Mediation””

ClubCorp’s Effort To Send Member Dispute To Arbitration Fails

Many of you know that, in addition to Positively Neutral, I for almost ten years have been the steward of Golf Dispute Resolution, a website/blog that “tracks the intersection of golf and law.” I wanted to share this arbitration-related post discussing a recent California federal decision addressing parties’ dispute as to whether there was anContinue reading “ClubCorp’s Effort To Send Member Dispute To Arbitration Fails”

Uncertainty In Law Warrants Delay In Seeking Arbitration

In McGuire v. 99 Cents Only Stores LLC, the California Court of Appeal has reversed a lower court’s decision finding that a company waived its right to arbitrate by participating in the litigation for fourteen months, holding that the company’s fear that, under applicable law, moving to compel the claim would trigger an obligation toContinue reading “Uncertainty In Law Warrants Delay In Seeking Arbitration”

“This Week At The Ninth: Arbitration And Accommodation”

The Ninth Circuit’s recent decision in DiCarlo v. MoneyLion, Inc. is the subject of this article by James Sigel of Morrison & Foerster, published in Mondaq, in which the court held “that an arbitration provision prohibiting the plaintiff from acting as a ‘private attorney general’ is enforceable because the provision does not entirely preclude theContinue reading ““This Week At The Ninth: Arbitration And Accommodation””

“New York Ban On Arbitration Of Discrimination Claims Repeatedly Struck Down As Inconsistent With Federal Law”

Kevin Leblang and Kelly Schreiber of Kramer Levin have this article in Mondaq, discussing the interplay between the Federal Arbitration Act and “Section 7515 of the New York Civil Practice Law and Rules (CPLR 7515), which invalidated pre-dispute agreements to arbitrate sexual harassment claims ‘except where inconsistent with federal law.’” Reviewing the cases addressing theContinue reading ““New York Ban On Arbitration Of Discrimination Claims Repeatedly Struck Down As Inconsistent With Federal Law””

“ICDR® Amends International Dispute Resolution Procedures, Including its Arbitration & Mediation Rules”

The International Centre for Dispute Resolution® has issued this press release, announcing amendments to its International Arbitration and Mediation Rules. The amendments, summarized in the release, constitute the first revisions to the Arbitration Rules since 2014 and to the Mediation Rules since 2018.