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All articles tagged '"FAA"'
182 articles found
California Supreme Court Invalidates Citibank Arbitration Provision Requiring Waiver of Right to Seek Public Injunctive Relief
By Beth Graham - April 24, 2017
The Supreme Court of California has ruled a predispute arbitration provision that requires a consumer to waive the right to seek public injunctive relief is unenforceable.
Arbitration About Arbitration
By Beth Graham - March 27, 2017
David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, has written an interesting journal article titled “Arbitration About Arbitration,” Stanford Law Review, Vol. 70, (2017), Forthcoming.
Arbitration Fairness Act of 2017 Introduced in U.S. House and Senate
By Beth Graham - March 22, 2017
On March 7th, Minnesota Senator Al Franked introduced “The Arbitration Fairness Act of 2017” before the United States Senate.
The Three Phases of the Supreme Court’s Arbitration Jurisprudence
By Beth Graham - March 17, 2017
Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace at the Illinois Institute of Technology’s Chicago-Kent College of Law, has published “The Three Phases of the Supreme Court's Arbitration Jurisprudence: Empowering the Already-Empowered,” Nevada Law Journal, Vol. 17, 2016.
9th Circuit Upholds Employer’s Dispute Resolution Agreement Banning Collective Action
By Beth Graham - March 15, 2017
The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.
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”).
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.
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.
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.
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