Court Provides Guidance Regarding The Circumstances Warranting Postponement Of An Arbitration Hearing

Those familiar with the arbitration process understand that a court will rarely vacate an award based on the arbitrator’s substantive determinations. A court’s only concern under both federal and state statutes is that the process be procedurally fair. For example, the Federal Arbitration Act provides that an award may be vacated: “(1) where the awardContinue reading “Court Provides Guidance Regarding The Circumstances Warranting Postponement Of An Arbitration Hearing”

“Attorneys Turn Back Their Sanctions Over Client’s Absence”

As discussed by Bloomberg Law in this article discussing the Eleventh Circuit’s decision in Miller v. Midland Credit Management, Inc., attorneys need not pay the price for a client who fails to show at a court-ordered mediation. The trial court, dissatisfied with the client’s failure to appear, directed counsel to “address whether they have regainedContinue reading ““Attorneys Turn Back Their Sanctions Over Client’s Absence””

More On 9th Circuit Decision Upholding Statutory Prohibition Against Mandatory Arbitration Of Employment Disputes

Yesterday, I flagged the Ninth Circuit’s divided decision upholding a California statute rendering unlawful an employer’s requirement that employees agree to the arbitration of disputes. The opinion already is generating commentary. Nancy Yaffe of Fox Rothschild has this article, describing the conundrum in which the decision places employers pending further review by the entire circuitContinue reading “More On 9th Circuit Decision Upholding Statutory Prohibition Against Mandatory Arbitration Of Employment Disputes”

“California bar on mandatory arbitration doesn’t violate FAA – 9th Circ.”

Reuters offers this analysis of yesterday’s Ninth Circuit ruling upholding a California statute rendering unlawful an employer’s requirement that employees agree to the arbitration of disputes. The panel, in a sharply divided 2-1 decision, held that the California statute is not preempted by the Federal Arbitration Act’s admonition that an agreement to arbitrate “shall beContinue reading ““California bar on mandatory arbitration doesn’t violate FAA – 9th Circ.””

“Novel Massachusetts Decision Finds Waiver of Right to Compel Arbitration Based on Pre-Litigation Actions”

Greg Keating, Katherine Rigby and Fran DeLuca of Epstein Becker & Green have authored this article, available at The National Law Review, discussing the Massachusetts Superior Court decision in Hernandez v. Universal Protection Services. As they explain, while “[m]any employers are aware that they could waive the ability to enforce an arbitration agreement if theyContinue reading ““Novel Massachusetts Decision Finds Waiver of Right to Compel Arbitration Based on Pre-Litigation Actions””

“3rd Circuit Issues Precedential Opinion in Verizon Labor Arbitration Award Dispute”

Law/Street has this article, discussing the Third Circuit’s decision in Verizon Pennsylvania, LLC v. Communicatins Workers of America, AFL-CIO, Local 13000, in which the court reaffirmed the ongoing vitality of the functus officio doctrine: “we hold that it is alive and well in this Court.” Under the doctrine, as the article explains, “once an arbitrator,Continue reading ““3rd Circuit Issues Precedential Opinion in Verizon Labor Arbitration Award Dispute””

“How a Block Island marina dispute fractured trust in R.I. coastal agency”

Having recently returned from a trip to Block Island that included walks along the Great Salt Pond and past Champlin’s Marina, this article caught my attention. It critiques a mediation between Rhode Island’s administrative Coastal Resources Management Council and Champlin’s. The mediation resolved a longstanding dispute arising out of Champlin’s desire to expand its capacityContinue reading ““How a Block Island marina dispute fractured trust in R.I. coastal agency””

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””