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Court Decisions about Arbitration
NLRB Directs Regional Offices to Informally Settle Pending Cases Involving Class Waivers in an Employer’s Arbitration Agreement
By Beth Graham - February 28, 2017
Last month, the National Labor Relations Board (“NLRB”) issued a memo directing the agency’s regional offices to informally settle any pending cases involving employers who maintain arbitration agreements that bar workers from engaging in class or collective action when pursuing work-related claims.
Dallas COA Orders Arbitration Based on Electronic Signature and Click Through User Agreement
By Beth Graham - February 27, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a health care liability lawsuit to arbitration based on an online click through agreement and a financial responsibility contract that contained an agreement to arbitrate.
Texas’ Twelfth COA Holds Arbitration Agreement in Employer’s Workplace Injury Plan Does Not Bind Worker’s Spouse
By Beth Graham - February 22, 2017
Texas’ Twelfth District Court of Appeals in Tyler has ruled that a nonsignatory spouse may not be bound by an arbitration agreement his wife entered into with her employer.
Texas Federal Court Holds New DOL Regulations Do Not Violate the FAA
By Beth Graham - February 15, 2017
The Northern District of Texas has ruled new Department of Labor (“DOL”) regulations that would require financial institutions to preserve an investor’s right to bring or participate in a class action do not violate the Federal Arbitration Act (“FAA”).
Fifth Circuit Affirms Order Denying Arbitration in Ponzi Scheme Case
By Beth Graham - February 1, 2017
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order denying a motion to compel arbitration that was filed by a group of former Ponzi scheme employees.
SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award
By Beth Graham - January 26, 2017
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.
Dallas COA Orders AdvoCare Employment Dispute to Arbitration
By Beth Graham - January 23, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a former AdvoCare board member to arbitrate his claims against the company.
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.
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.
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