“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””

“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””