Attorney-Employees Take Note

Spoiler alert. Employees seeking to invalidate an agreement to arbitrate employment disputes on grounds that they did not knowingly waive their right to a judicial forum likely will not be happy with an opinion that begins by noting the employee “is a former corporate attorney who became an investment banker.” Thus, in Zoller v. GCAContinue reading “Attorney-Employees Take Note”

“Knowing-Waiver Standard Is Still ‘Good Law’ in Routing Title VII Claims to Arbitration, 9th Circuit Rules”

The Ninth Circuit’s decision in Zoller v. GCA Advisors, LLC is the subject of this Law.com article. The article notes that the court held the the arbitration provision to be enforceable based upon facts demonstrating the employee evidenced her agreement to arbitrate based upon her “access to various documents with the arbitration provisions and theContinue reading ““Knowing-Waiver Standard Is Still ‘Good Law’ in Routing Title VII Claims to Arbitration, 9th Circuit Rules””

“Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes”

John Lewis of Baker Hostetler has written this article, available at Lexology, discussing the Fourth Circuit’s recent decision in Beckley Oncology Associates, Inc. v. Abumasmah. The Fourth Circuit dismissed the lower court’s dismissal of a complaint to vacate an arbitration award, because “[t]he employment agreement between BOA and Abumasmah purported to waiveb oth judicial andContinue reading ““Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes””

Appellate Court Affirms Denial Of Motion To Compel Arbitration, Even Though Lower Court Reversed Itself And Refused To Hold A Hearing

The unmistakable takeaway from the Ohio Court of Appeals Decision in AJZ’s Hauling, L.L.C v. TruNorth Warranty Programs of North America is that the ends justified the means. A small, family-owned business, shortly after purchasing a used truck, “experienced significant engine- and transmission-related issues.” They filed suit against the issuer of a warranty. The warrantorContinue reading “Appellate Court Affirms Denial Of Motion To Compel Arbitration, Even Though Lower Court Reversed Itself And Refused To Hold A Hearing”

“11th Circuit: Arbitration provision survives termination of subscriber agreement”

Buckley LLP has published this article on Lexology, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, the court held that an arbitration provision’s language encompassed a claim where “[t]he plaintiff terminated the defendant’s services in August 2017, but later called the defendant in 2019 to inquireContinue reading ““11th Circuit: Arbitration provision survives termination of subscriber agreement””

Attorneys’ Fees For Litigation But Not Arbitration

Contracting parties who wish to provide both for arbitration and for the recovery of attorneys’ fees by the prevailing party should be careful before adopting template contract language. In Nelson v. Ryks, recently decided by the Minnesota Appellate Court, purchasers of real property who prevailed in arbitration against the sellers, were unable to convince theContinue reading “Attorneys’ Fees For Litigation But Not Arbitration”

“M&A Arbitration Clauses: ‘Watch-Outs’ From A Litigator’s Perspective”

Transactional lawyers involved in negotiating merger and acquisition agreements may find helpful the insights provided by Mark Foley of von Briesen & Roper, S.C., in this article, found in The National Law Review. Attorney Foley suggests the particular analysis and questions that drafters should undertake before committing to a particular arbitration provision.

“Notes From the Judge: Keys to a Successful Mediation”

I have known Judge Robert Holzberg for many years, having appeared before him when he sat on the Connecticut Superior Court, and for the past number of years witnessing the substantial impact he has had on the Connecticut mediation community. He shares in this article, available at JD Supra, insightful observations based on his extensiveContinue reading ““Notes From the Judge: Keys to a Successful Mediation””