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Arbitration
SCOTUS Finally Agrees to Consider Whether Class Action Waivers Included in Employment Agreements Violate the NLRA
By Beth Graham - January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included in an employer’s arbitration agreement.
Fifth Circuit Affirms Order Denying Motion to Compel Arbitration in Employee Pension Plan Dispute
By Beth Graham - January 11, 2017
The United States Court of Appeals for the Fifth Circuit has issued an unpublished opinion stating an accounting firm may not compel a group of hospital workers’ claims over an allegedly underfunded pension plan to arbitration.
Comparing NCAA and Olympic Athlete Eligibility Dispute Resolution Systems in Light of Procedural Fairness and Substantive Justice
By Beth Graham - January 9, 2017
Josephine R. Potuto, Richard H. Larson Professor of Constitutional Law and National Collegiate Athletic Association (“NCAA”) Faculty Representative at the University of Nebraska College of Law, and Matt Mitten, Professor of Law and Executive Director of the National Sports Law Institute at Marquette University Law School, have published “Comparing NCAA and Olympic Athlete Eligibility Dispute Resolution Systems in Light of Procedural Fairness and
NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy Violates NLRA
By Beth Graham - January 2, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration agreement that illegally required workers to waive their right to engage in collective action as a condition of employment.
Empirical Findings on International Arbitration: An Overview
By Beth Graham - December 30, 2016
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming).
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
NLRB Trend Citing Murphy Oil in Class Waiver Cases Continues
By Beth Graham - December 21, 2016
Late last month, a National Labor Relations Board (“NLRB”) administrative law judge issued an order in Private National Mortgage Acceptance Co., LLC and Richard Smigelski, No. 20-ca-170020 (November 29, 2016).
French Court Finds IMF Chief Negligent for Failing to Appeal Arbitration Award
By Beth Graham - December 20, 2016
On Monday, current International Monetary Fund (“IMF”) chief Christine Lagarde was reportedly convicted of negligence related to a controversial arbitration award that was paid while she was France's finance minister.
NLRB Continues to Assert Class Waivers in Employment Agreements Violate the NLRA
By Beth Graham - December 20, 2016
The National Labor Relations Board (“NLRB”) is at it again. In Service Employees Int’l Union v. Montecito Heights Healthcare & Wellness Centre, LP, No. 31-CA-129747 (November 30, 2016), an NLRB administrative law judge ruled that a California-based nursing home maintained an illegal voluntary arbitration policy that asked workers to waive their right to engage in collective action in violation of the National Labor Relations Act (“NLRA”).
Inside the Arbitrator’s Mind
By Beth Graham - December 19, 2016
Susan D. Franck, Professor of Law at American University - Washington College of Law, Anne van Aaken, University of St. Gallen - Law Department and Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods, James Freda, attorney and diplomat at the United Nations, Chris Guthrie, Dean and John Wade-Kent Syverud Professor of Law at Vanderbilt University - Law School, and Jeffrey J. Rachlinski, He
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