Search for: "CLASS COUNSEL AND PARTY TO ARBITRATION"
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28 Jan 2014, 6:01 am
Judge Thompson agreed with the General Counsel in finding that even though the Arbitration Agreement did not address class or collective claims, Leslie’s Poolmart committed an unfair labor practice by seeking to utilize the Arbitration Agreement to bar Cunningham’s class and collective action claims (including by filing in federal court a motion to dismiss the class/collective claims). [read post]
16 Feb 2017, 3:15 pm
” Prohibit a court from certifying a class action “in which any proposed class representative or named plaintiff is a relative of, is a present or former employee of, is a present or former client of (other than with respect to the class action), or has any contractual relationship with (other than with respect to the class action) class counsel. [read post]
16 Dec 2015, 6:47 am
” But… The FAA gives parties to an arbitration contract “considerable latitude” to decide what law will govern their agreements, including class arbitration waivers embodied within those agreements. [read post]
11 Aug 2021, 6:54 am
As one counsel for the plaintiffs in Uber commented, the ultimate solution will come when Congress prevents compelled arbitration. [read post]
29 Apr 2019, 12:33 pm
The court declined to consider the financial resources of three three executives who were not defendants in the class action, but the court declined to do so.In addition, class counsel argued that arbitration requirements in the structured settlement transfer agreements would require class members to arbitrate their claims individually and that litigating serial claims would deplete Access’s declining limits insurance policy, making… [read post]
25 May 2022, 8:13 am
Supreme Court for employers who have sought to compel threatened class and/collective actions into individual arbitration. [read post]
22 Oct 2010, 8:08 am
” The arbitrator read the arbitration clause to mean that the parties intended to be governed by the CAA's rules. [read post]
6 Jan 2019, 8:24 pm
This does not include the costs of travel, accommodation and, most importantly, counsel to participate in the arbitration. [read post]
13 Jun 2019, 1:47 pm
MIAMI, FL – On the last day of final exams for the 2019 class of the White & Case International Arbitration LL.M. [read post]
15 Jun 2021, 2:00 am
Bohr, an attorney with Tiffany & Bosco, P.A., practices employment and labor law, with an emphasis in HR management counseling, litigation, class actions, and other HR matters She is a frequent speaker on a wide range of employment law topics. [read post]
10 Dec 2018, 7:41 am
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. [read post]
15 Aug 2023, 12:52 pm
” The court noted that Priority Dispatch argued that Ohio state arbitration law provides an alternative basis for compelling arbitration, but it found that the language in the parties’ arbitration clause “does not reflect the parties’ unambiguously intended to displace the FAA with state rules of arbitration. [read post]
23 May 2018, 6:46 am
Chapman’s key takeaway: “It’s important to recognize that individual arbitration allows the parties to get to the merits more quickly. [read post]
28 Aug 2020, 2:47 pm
The Cons It’s easier for unrepresented parties to bring weak claims in arbitration. [read post]
22 Nov 2014, 5:43 am
When asked about tailoring the arbitration process, more than 96 percent of survey respondents indicated they had “worked with parties to tailor arbitration procedure to better suit the needs of the parties and the nature of the dispute. [read post]
26 Jun 2017, 9:55 am
Consider that most third-party arbitration services require that the employer pay an initial fee when the employee’s claim is filed. [read post]
28 Dec 2012, 2:11 am
United Kingdom: Comity prevents English courts from issuing anti-suit injunction USA: Arbitrability as a threat to finality of international arbitration awards USA: Can franchise agreement protect against class-wide and associational arbitration? [read post]
4 Dec 2013, 7:00 am
Three provisions of the agreement are at issue in this appeal: (1) the parties waived all rights to trial in a court before a judge or a jury; (2) they agreed that all disputes would be determined exclusively by final and binding arbitration; and (3) the parties agreed that the arbitrator would not have the authority to consolidate the claims of other employees, and would have no authority to fashion a proceeding as a class or collective action or to… [read post]
23 Jun 2014, 2:02 pm
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
26 Jun 2014, 6:59 am
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
