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All articles tagged '"Circuit Courts"'
6 articles found
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.
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).
Limits of Procedural Choice of Law
By Beth Graham - January 14, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03.
Supreme Court Upholds Class Arbitration Decision in Sutter
By Beth Graham - June 11, 2013
Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.
2011 Arbitration Case Law | Circuit Courts
By Victoria VanBuren - December 26, 2011
Today, as part of our 2011 Year-End Highlights, we present noteworthy arbitration opinions from the Circuit Courts (for Fifth Circuit decisions, click here). The Ninth Circuit refused to compel arbitration because arbitration clause was not broad enough to cover dispute. In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a strand
Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard
By Beth Graham - February 8, 2011
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard, Boston College Law Review, Vol. 52, No. 1, p. 137, 2011; Illinois Program in Law, Behavior and Social Science Paper. In his article, Professor LeRoy examines the effect Hall Street Associates v. M
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