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Archived articles from September 2016
7 articles found
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
By Beth Graham - September 28, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s arbitration agreement is enforceable.
International Implications of the Will as an Implied Unilateral Arbitration Contract
By Beth Graham - September 22, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International Implications of the Will as an Implied Unilateral Arbitration Contract,” 68 Florida Law Review Forum, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-21.
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
Executive Order Restricts Mandatory Arbitration of Title VII Claims for Some Federal Contractors
By Beth Graham - September 14, 2016
Two years ago, President Obama signed Executive Order 13673 - Fair Pay and Safe Workplaces (“EO 13673”). Section 6 of the order contains a number of pre-dispute arbitration restrictions that will become effective on October 25th of this year.
The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses
By Beth Graham - September 9, 2016
Kristen M. Blankley, Associate Professor and Director of the Robert J. Kutak Center for the Teaching and Study of Applied Ethics at the University of Nebraska College of Law, has published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses,” Creighton Law Review, Vol. 49, No. 4, pp. 743-774, 2016.
Second Circuit Upholds Employment-Related Class-Action Waiver Requiring Individual Arbitration
By Beth Graham - September 7, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”).
Affiliation Bias in Arbitration: An Experimental Approach
By Beth Graham - September 2, 2016
Sergio Puig, Associate Professor at the University of Arizona James E. Rogers College of Law, and Anton Strezhnev, PhD candidate in the Department of Government at Harvard University, have published a thought-provoking article entitled “Affiliation Bias in Arbitration: An Experimental Approach,” Arizona Legal Studies Discussion Paper No. 16-31.
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