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Employment Disputes
El Paso COA Affirms Order Denying Arbitration in Discrimination and Retaliation Case
By Beth Graham - December 21, 2018
The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit.
Where To, #MeToo?
By Beth Graham - December 17, 2018
Jean R. Sternlight, Michael and Sonja Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published “Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?,” Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 54, 2019, Forthcoming.
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.
Flipping the Classroom to Teach Workplace ADR in an Intensive Environment
By Beth Graham - November 20, 2018
Professor Martin H. Malin, Director of the Institute for Law and the Workplace at Chicago-Kent College of Law, and Deborah Ginsberg, Educational Technology Librarian at Chicago-Kent Law Library, have published “Flipping the Classroom to Teach Workplace ADR in an Intensive Environment,” 67 Journal of Legal Education 618 (2018).
S.D. Texas Orders Independent Contractor’s Lawsuit Filed Against Nonsignatory to Arbitration
By Beth Graham - November 16, 2018
The Southern District of Texas has ordered a proposed class action lawsuit that was filed over an organization’s alleged violations of the Fair Labor Standards Act (“FLSA”) to arbitration.
El Paso COA Rules on Pre-Arbitration Discovery in Mandamus Relief Case
By Beth Graham - November 13, 2018
The Eighth District Court of Appeals in El Paso has once again conditionally granted mandamus relief in an arbitration dispute between Dish Network, LLC and a former employee.
Beaumont COA Upholds $460K Legal Malpractice Arbitration Award
By Beth Graham - November 12, 2018
The Ninth District Court of Appeals at Beaumont has upheld an arbitrator’s nearly $460,000 legal malpractice award despite claims the arbitrator exceeded his authority by failing to follow Texas law.
N.D. Texas Dismisses FLSA Case in Favor of Arbitration
By Beth Graham - October 29, 2018
The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act ("FLSA") claim because it should have been submitted to arbitration.
El Paso COA Holds Transportation Instructor is Exempt From Arbitration Agreement Based on FAA Exception
By Beth Graham - August 6, 2018
The Eighth District of Texas in El Paso has affirmed a district court’s order denying arbitration in a workplace discrimination case.
Federal Judge Refuses to Enforce AT&T’s Arbitration Policy Against Former Employee
By Beth Graham - July 27, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination case. In AT&T Mobility Services, LLC v. Francesca Jean-Baptiste, No. 17-11962 (July 13, 2018), a woman, Jean-Baptiste, worked as an Assistant Store Manager at an AT&T store in New Jersey.
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