Author Archives: Robert Harris

According to this article in the National Law Review, “[t]he Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.” The EEOC press release announcing the program is available here.

Bloomberg Law has this article, which states that “AltaCorp shouldn’t be subject to Financial Industry Regulatory Authority arbitration proceedings because the Canadian investment firm was never a member of the self-regulatory organization, the complaint filed Tuesday in the U.S. District Court for the Southern District of New York said.” The complaint is available here.

Having received a favorable arbitration award entitling it to payment for construction services rendered to a veterinary clinic, the contractor sought in the judicial confirmation proceedings to recover its attorneys’ fees as the prevailing party pursuant to a provision in the contract. Standing in its way was a finding by the arbitrator that the clinicContinue reading “Arbitrator’s Finding That A Contract Was Procured By Fraud Precludes Prevailing Party From Recovering Attorneys’ Fees Under The Contract”

“Instant Checkmate, Truthfinders Compel Arbitration in Class Suit.” Holly Barker has this article in Bloomberg Law, which begins, “The Control Group Media Co., the holding company for Instant Checkmate LLC and Truthfinders, won its motion to compel arbitration in a proposed class action alleging that the “people search” services failed to remove expunged and sealedContinue reading “Court Rules In Favor Of Arbitration In Class Action Challenge”

“New York Court’s Approach to the Finality of Arbitration Awards.” In this article in Law.com Julia A. Cort discusses finality in light of the New York Court of Appeals decision in American International Specialty Lines Insurance v. Allied Capital Corp.

In HCB Enterprises, LLC v. Dickey’s Barbecue Restaurants, Inc., a restaurant franchisee, having filed for bankruptcy under Chapter 11, filed a plan that purported to reject the arbitration clauses in agreements with a creditor. The court rejected the debtor’s attempt to avoid arbitrating disputes, holding that, under recent Supreme Court precedent, a rejection of contractContinue reading “Bankruptcy Filing Does Not Abrogate Contractual Arbitration Provision”

The U.S. District Court in Maryland has held that a 50% shareholder of a company that provided pickup and delivery services to Fed Ex is subject to the arbitration provision that the company executed with Fed Ex. In Sui v. FedEx Ground Package System, Inc., the court found determinative that the plaintiff’s claims were basedContinue reading “50% Company Owner Subject To Company’s Arbitration Agreement”

“UBS Says Investor in “Called” ETNs Can’t Arbitrate Loss.” Vicky Ge Huang provides this article at AdvisorHub, which begins “UBS Financial Services has asked a Texas court to enjoin an investor from pursuing his securities fraud arbitration claim tied to UBS leveraged exchange-traded notes because he is not a UBS customer.”

“Latest mass arbitration wrinkle: Plaintiffs’ lawyers want court permission to contact DirecTV customers.” Alison Frankel of Reuters has an article that begins, “One of the big disincentives for plaintiffs’ lawyers contemplating mass consumer arbitration has always been the cost of finding clients. It’s an economics thing. You don’t want to spend a lot of moneyContinue reading “Plaintiffs’ Counsel Contemplating 9100 Individual Arbitration Claims In lieu Of Class Action”

“California Brewery Worker Must Arbitrate Background Check Claims.” Jacklyn Wille of Bloomberg Law reports on this decision by the U.S. District Court (California) in Dominguez v. Stone Brewing Co., which begins with the observation that “California craft brewery Stone Brewing Co. successfully maneuvered a proposed class action challenging its employment applications and background checks intoContinue reading “Court Holds Employment Application Requires Arbitration”