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All articles tagged '"binding arbitration"'
85 articles found
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.
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
By Beth Graham - October 5, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
Western District of Texas Refuses to Stay Arbitration Proceedings in Wind Energy Dispute
By Beth Graham - May 4, 2016
The Western District of Texas has refused to stay arbitration proceedings in a dispute between a wind energy company, Papalote Creek, and the Lower Colorado River Authority (“LCRA”).
NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions
By Beth Graham - March 21, 2016
The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”
Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute
By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.
CFPB Proposal Would Allow Consumers to Forego Arbitration in Favor of Class Litigation
By Beth Graham - October 8, 2015
The Consumer Financial Protection Bureau (“CFPB”) is reportedly considering implementing new regulations that would stop banks and other financial institutions from requiring consumers to settle disputes through binding arbitration.
El Paso COA Orders Workers’ Compensation Non-Subscriber Negligence Lawsuits to Arbitration
By Beth Graham - August 25, 2015
Texas’ Eighth District Court of Appeals has ruled that a boot manufacturer may require its workers to arbitrate their workplace injury claims under a provision included in the workers’ employment contract.
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion Wind Energy Dispute
By Beth Graham - February 9, 2015
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No. 3:14-CV-2815-K (February 5, 2015), AVIC and Thompson (“plaintiffs”) entered into a wind energy joint investment agreement with Tang and four others (“defendants”).
NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA
By Beth Graham - December 1, 2014
The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.
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