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Supreme Court Does Not Resolve Circuit Split Involving ERISA and the Federal Arbitration Act
The issue is whether arbitration provisions that waive plan-wide relief are enforceable under ERISA. The Sixth Circuit ruled against...
blamlaw
Mar 71 min read
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Attempted End Run of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Law Fails
Kristin Casey filed a lawsuit against her former employer D.R. Horton and one employee alleging, inter alia, sexual harassment. ...
blamlaw
Feb 201 min read
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Arbitration Award Findings Collateral Estoppel in Court
An arbitration panel found Steven Clem personally liable to LaDainian Tomlinson and LaTorsha Tomlinson in the amount of $744,711 for...
blamlaw
Jan 172 min read
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Georgia Requirement the Arbitration Agreement be Signed Contravenes Federal Arbitration Act
Plaintiff Phyllis Gillon (“Gillon”) sued her former employer Defendant UCB, Inc. (“UCB”) for retaliation, race discrimination, sex...
blamlaw
Dec 20, 20242 min read
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Ticketmaster Mass Arbitration Procedure Unconscionable
The Ninth Circuit holds that Ticketmaster’s mass arbitration provisions are unconscionable. Hickman v Live Nation Entertainment, 120 F....
blamlaw
Dec 1, 20241 min read
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Forum Selection Clause Does Not Imply Consent to Personal Jurisdiction
Yax Ecommerce LLC is organized and has its principal place of business in Wyoming. Yax entered into an Asset Purchase Agreement with...
blamlaw
Nov 14, 20241 min read
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Illiteracy Not a Reason to Avoid Enforcing Agreement to Arbitrate
Claimant Armando Hernandez argued that his agreement to arbitrate was procedurally unconscionable because Spanish is his primary...
blamlaw
Nov 14, 20241 min read
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Jury Trial on Existence of Agreement to Arbitrate
Respondent Yum! Brands, Inc. presented evidence that Claimant Azania Abebe allegedly agreed to arbitrate employment disputes via...
blamlaw
Nov 14, 20241 min read
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Consumer Financial Protection Bureau Bans Arbitration Organization
The Consumer Financial Protection Bureau has banned Ejudicate from arbitrating disputes On October 10, 2024, the Consumer Financial...
blamlaw
Oct 20, 20241 min read
3 views
0 comments
Avoiding Forced Arbitration Regarding Sexual Harassment Occurring Before the Effective Date of the New Law
Patricia Olivieri filed a lawsuit against her employer, Stifel, Nicolaus & Co., alleging gender-based discrimination, a hostile work...
blamlaw
Sep 14, 20241 min read
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Will Artificial Intelligence Replace Judges and Arbitrators?
Nevada plans to implement an AI system to expedite the decision-making process for unemployment claims appeals. The state’s Department...
blamlaw
Sep 14, 20242 min read
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Transportation Worker Exemption under the Federal Arbitration Act (FAA)
In the case of Neal Bissonette and Tyler Wojnarowski v. Flowers Foods, Inc. , the petitioners, who distributed baked goods for the...
blamlaw
Aug 11, 20241 min read
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Stay in District Court After Order Compelling Arbitration
In a unanimous decision, the Supreme Court Court holds when a district court finds that a lawsuit involves an arbitrable dispute and a...
blamlaw
Jul 18, 20243 min read
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No Merits Discovery While Motion to Compel Arbitration Pending
When a motion to compel arbitration is pending in court, parties are not entitled to merit-based discovery. This principle was affirmed...
blamlaw
Jul 9, 20241 min read
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Who Resolves Conflicting Contract Provisions?
The Supreme Court resolves the question who resolves conflicting contract provisions where one contract sends all disputes including...
blamlaw
Jun 19, 20241 min read
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Class Action Arbitrability under JAMS Employment Rules
JAMS Employment Rules clearly and unmistakably provide that an arbitrator decides questions of class arbitrability. Joseph Work v...
blamlaw
Jun 10, 20242 min read
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Federal Court Stay of Arbitration Disputes
In a unanimous decision, the United States Supreme Court holds when a district court finds that a lawsuit involves an arbitrable dispute...
blamlaw
May 26, 20242 min read
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Arbitration Waiver Criteria
The Beaumont Texas Court of Appeals answers the question whether a clause that delegated “arbitrability” and “scope of agreement”...
blamlaw
May 22, 20242 min read
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Designated Arbitration Forum No Longer Exists
Plaintiff Keith Jensen sued Burgers of Beaumont I, Ltd., d/b/a Whataburger (Whataburger) for sex and sexual orientation discrimination...
blamlaw
Apr 28, 20241 min read
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Fifth Circuit Circumscribes Definition of Transportation Worker Under Federal Arbitration Act
An employee who does not play a direct role in transportation of goods across borders is not exempt from §1 of the Federal Arbitration...
blamlaw
Apr 28, 20241 min read
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