Menu
Court Decisions about Arbitration
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 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”).
5th Circuit Overturns NLRB Yet Again in Class Arbitration Waiver Case
By Beth Graham - December 16, 2016
The nation’s Fifth Circuit Court of Appeals has overturned a National Labor Relations Board (“NLRB) decision directing banking giant Citigroup to remove the class arbitration waiver included in the company’s employment contracts.
Fourth Circuit Upholds $900K FINRA Arbitration Award After Bank Fails to Weigh in on Arbitral Panel
By Beth Graham - November 28, 2016
A unanimous panel of the United States Court of Appeals for the Fourth Circuit has reportedly upheld a contested $900,000 Financial Industry Regulatory Authority (“FINRA”) arbitration award.
Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements
By Beth Graham - November 23, 2016
A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.
SCOTX Asked to Reconsider Request to Vacate Arbitrator’s Award Based on Public Policy Grounds
By Beth Graham - November 22, 2016
In June, the Supreme Court of Texas denied a company’s petition for review that was filed after its motion to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm was denied.
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
The Unwritten Federal Arbitration Act
By Beth Graham - November 3, 2016
Anthony J. Sebok, Professor of Law at Yeshiva University - Benjamin N. Cardozo School of Law, has published an interesting journal article entitled “The Unwritten Federal Arbitration Act,” DePaul Law Review, Vol. 65, 2016: Cardozo Legal Studies Research Paper No. 505.
Texas Federal Court Enjoins Mandatory Arbitration Restriction in Executive Order 13673 – Fair Pay and Safe Workplaces
By Beth Graham - November 1, 2016
Last week, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction regarding the mandatory arbitration restriction and other provisions of Executive Order 13673 – Fair Pay and Safe Workplaces (“EO 13673”).
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy