Employer’s Failure To Sign Arbitration Agreement Renders It Unenforceable

A recent decision by a Texas Court of Appeals provides a cautionary tale to employers seeking to implement a program of arbitrating employee disputes. In CC Restaurant, L.P. v. Olague, a divided appeallate panel affirmed the trial court’s denial of an employer’s motion to compel arbitration based upon the employer’s failure to sign the arbitrationContinue reading “Employer’s Failure To Sign Arbitration Agreement Renders It Unenforceable”

“Appellate Court affirms defendant waived the right to arbitration”

Lexology has published this article by Buckley discussing the Florida District Court of Appeals decision in Marino Performance, Inc. v. Zuniga, in which the court denied a motion tofo compel arbitration, holding that the movant “engaged in a litigation strategy of ‘outcome oriented gamesmanship.’” As the article explains, none of the movant’s seven affirmative defensesContinue reading ““Appellate Court affirms defendant waived the right to arbitration””

“Mock Trial Mediation: A More Effective and Cathartic Settlement Tool”

I was recently made aware of this article, authored last year by Brian Moran of Robinson and Cole and Wendy Hufford of Ascena Retail Group, Inc. and available on ACC Docket. The authors interestingly suggest the use of a mock trial mediation as an alternative to what they describe as “the vagaries and uncertain outcomeContinue reading ““Mock Trial Mediation: A More Effective and Cathartic Settlement Tool””

Court Holds That Arbitration Requirement Is Not Unconscionable If Retainer Agreement Provides That Attorney Will Pay The Arbitration Costs

The Arizona Supreme Court this week decided a case which it characterized as one “of first impression and statewide importance.” In Rizzio v. Surpass Senior Living LLC, a nursing care facility sought to compel arbitration of a claim brought by a resident who had been injured in a physical altercation with another resident. The plaintiffContinue reading “Court Holds That Arbitration Requirement Is Not Unconscionable If Retainer Agreement Provides That Attorney Will Pay The Arbitration Costs”

“Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator”

Best practice guidance is that arbitrators should remain focused on their role as the “decider” of a dispute, and not cavalierly accept an invitation to facilitate mediation in the midst of the arbitration. Since mediation may provide the neutral with information that would not be admissible evidence in the arbitration, some of it ex parte,Continue reading ““Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator””

“How Consumers Are Using Mass Arbitration to Fight …Corporate Giants”

Consumer Reports has issued this article, providing an overview of the use of mass arbitration by consumer counsel in response to contractual class action prohibitions. For those who have not been following the articles and decisions in specific cases, the article provides a high level discussion of this movement which is leading some large corporationsContinue reading ““How Consumers Are Using Mass Arbitration to Fight …Corporate Giants””

“The Enforceability of Arbitration Provisions in Law Firm Engagement Agreements”

David Atkins and March Stovall of Pullman Comley have this article, discussing the New Jersey Supreme Court’s decision in Delaney v. Dickey, in which the Court, as Mr. Atkins and Ms. Stovall note, “refused to enforce an arbitration agreement in a legal mal claim filed against a prominent New Jersey law firm by a formerContinue reading ““The Enforceability of Arbitration Provisions in Law Firm Engagement Agreements””

“Missouri Court of Appeals affirms denial of motion to compel arbitration based on contract of adhesion”

John Brooks of Baker Sterchi has this article, available in Lexology, discussing the Missouri Court of Appeals decision in Rose v. Sabala, in which the court affirmed a decision denying Verizon’s motion to compel arbitration of a customer complaint. The customer alleged that a Verizon employee, under the guise of evaluating her phone for tradeContinue reading ““Missouri Court of Appeals affirms denial of motion to compel arbitration based on contract of adhesion””

If It Doesn’t Quack Like A Duck, It’s Not A Duck

In Southard v. Newcomb Oil Company, LLC, the Sixth Circuit declined an employer’s invitation to send claims against it to arbitration. Noting that, “despite it being the titular term, the [Federal Arbitration Act] does not define arbitration,” the court explained that under applicable precedent “we evaluate whether an agreement qualifies as FAA arbitration based onContinue reading “If It Doesn’t Quack Like A Duck, It’s Not A Duck”