Category Archives: Uncategorized

Jeffrey McPhaul of Locke Lord LLP offers his take on recent decisions and non-decisions impacting the question of arbitral class actions in the employment arena in this article available on JD Supra. Mr. McPhaul advises that “employers should be cognizant of who (the court or arbitrator) is tasked with deciding the enforceability of the classContinue reading ““Class Arbitration – Two Cautionary Tales for Employers””

Pennsylvania federal court has compelled a former employee to arbitrate claims against her former employer pursuant to an agreement requiring arbitration, rejecting her contention that, under Pennsylvania substantive law, she was relieved of the obligation to arbitrate because her complaint also named as a defendant a related company that was not subject to the arbitrationContinue reading “Application Of Federal, Rather Than State Law, Resulted In Order Compelling Arbitration”

Those wrestling with questions regarding the arbitrability of class actions will find helpful this article by Gilbert Samberg of Mintz published in The National Law Review. Mr. Samberg uses the U.S. Supreme Court’s recent denial of certiorari in Jock v. Sterling Jewelers, Inc., 2019 U.S. App. LEXIS 34205 (2d Cir. Nov. 18, 2019), cert. den., No.Continue reading ““Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)””

Those interested in the world of NFL player agents may enjoy reading the federal court decision in France v. Bernstein denying a motion to vacate an arbitration award rejecting a claim that agent #2 poached Detroit Lions wide receiver Kenny Golladay as a client.

David Reif has the following interesting post in his October 30, 2020 “ADR Highlights”: “When the defendant in De Pompo v. IRINOX N.A., Inc., 2020 U.S. Dist. LEXIS 199455 (S.D. Fla.) (Oct. 27, 2020) refused to pay a share of the initial arbitration fee, the AAA closed the case and declined to administer any future employmentContinue reading “Courts Wrestle With Materiality Of Provision Designating Arbitration Forum”

In Borror Property Management, LLC v. Oro Karric North, LLC, the Sixth Circuit reversed a lower court decision that a property owner’s correspondence that it intended to litigate a dispute with its property management company unless the property manager indicated a preference to arbitrate in accordance with the parties’ agreement. The property manager beat theContinue reading “Pre-Litigation Correspondence Did Not Constitute Waiver Of Party’s Right To Arbitration”

Noting that “[f]ew decisions have considered when a plaintiff waives his right to arbitrate through litigation conduct,” John Lewis of Baker & Hostetler has this article in Lexology, discussing the Fifth Circuit’s decision in Sabatelli v. Baylor Scott & White Health.

Even the name of the case–Transcontinental Gas Pipe Line Co LLC v. Permanent Easement For 2.59 Acres, Temporary Easements For 5.45 Acres And Temporary Access Easement For 2.12 Acres In Pine Grove Township, Schuylkill County, Pa, Tax Parcel Number 21-04-0016.000 361, Chapel Drive, Pine Grove, Pine Grove Township, Schuylkill County Pa.–tells the reader that thisContinue reading “Third Circuit Soundly Rejects Award By The Director Of The Healing My People Arbitration Association”

Benjamin Stearns of Carlton Fields has authored this article, available in JD Supra, discussing a decision by a Ohio federal court in Allen v. Horter Investment Management, LLC. Although the parties agreed that arbitration of a consumer claim was appropriate, “they could not agree whether the arbitration should be conducted individually or as one consolidatedContinue reading ““Court Denies Motion To Compel Arbitration and To Appoint Arbitrators Where Parties Had Agreed To Arbitrate and There Was No Impasse””

A Pennsylvania appellate panel has denied a boarding school’s request to arbitrate claims arising from the skiing death of a student who joined the school’s ski team in furtherance of a requirement that she participate in an organized sport. As the court explained, the complaint alleged that “any student who wanted to try out forContinue reading “Private School Waived Its Right To Compel Arbitration Of Claims Arising From Skiing Death Of A Student”