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1 Oct 2007, 9:29 am
These private arbitral systems seem to be structurally biased, as the EEOC called it, in favor of employers. [read post]
1 Nov 2009, 6:41 pm by Brett Alcala
Although my earlier blog posting about securities arbitration results in San Francisco was less rosy, today's Wall Street Journal article, "Investors Win More Broker Cases," did contain a bit of encouraging news for brokerage firm customers who may be considering whether to file a securities arbitration claim. [read post]
9 Dec 2009, 6:55 pm
The court held: “A court must compel arbitration where an arbitration agreement and an arbitrable issue exists, and th e right to arbitrate has not been waived. [read post]
10 Apr 2017, 5:19 am by Rebecca Tushnet
”  Thus, arbitration agreements may not be invalidated “by defenses that apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue. [read post]
5 Aug 2011, 10:26 am
In short, an arbitrator’s contract is a sui generis agreement. [read post]
7 Jun 2011, 12:40 pm by Lyle Denniston
  The bank responded, but did not mention arbitration. [read post]
20 Jul 2016, 9:45 am by Peter S. Lubin and Vincent L. DiTommaso
A corporate defendant waives the right to enforce an arbitration clause in an employment agreement if it asserts an affirmative defense to a complaint that is unrelated to arbitration. [read post]
18 Feb 2008, 7:17 pm
Both sources link to “Arbitration a growing trend in health care“, a story appearing earlier this month in the Philadelphia Inquirer : Michael Cohen was handed an arbitration agreement when he visited his longtime primary-care doctor in Bucks County. [read post]
25 Jul 2018, 4:50 pm by Seyfarth Shaw LLP
DeMarino Seyfarth Synopsis:  In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. [read post]
24 Mar 2017, 10:38 am by Russell Cawyer
Columbia North Hills Hospital, following an unfavorable arbitration award, an employee of hospital (Doe) sought to vacate the arbitration award on the grounds that no valid arbitration agreement existed because she was never aware of and never accepted the agreement. [read post]
24 Mar 2017, 10:38 am by Russell Cawyer
Columbia North Hills Hospital, following an unfavorable arbitration award, an employee of hospital (Doe) sought to vacate the arbitration award on the grounds that no valid arbitration agreement existed because she was never aware of and never accepted the agreement. [read post]
17 Jun 2014, 6:49 am by Paul Kirgis
First, arbitration-free plaintiffs could be recruited to litigate test-cases, with favorable judgments used to support future arbitrations. [read post]
6 Oct 2022, 7:04 am by Tracy Thomas
Imre Szalai, #MeToo’s Landmark, Yet Flawed, Impact on Dispute Resolution: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Northwestern Journal of Law and Social Policy, Forthcoming On March 3, 2022, President Joe Biden signed the... [read post]
6 Oct 2010, 9:00 pm by Adjunct LawProfs
The New Jersey Supreme Court held that an arbitrator had the authority to reduce the disciplinary sanction imposed by the school board... [read post]
23 May 2008, 10:07 am
Mar. 25, 2008), which held that the grounds set forth in the Federal Arbitration Act ("FAA") for vacating and modifying arbitration awards were “exclusive,” rejecting the notion that parties whose arbitration is governed by the FAA can contractually expand the scope of judicial review of the award beyond the grounds provided by the FAA. [read post]
18 Oct 2011, 7:09 am by Victoria VanBuren
Amends the National Labor Relations Act to require mediation and, if necessary, binding arbitration of initial contract negotiation disputes. [read post]