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All articles tagged '"United States Supreme Court"'

81 articles found

U.S. Supreme Court Denies Certiorari in Texas Arbitration Case

By Beth Graham - May 24, 2017
On Monday, the United States Supreme Court denied certiorari in Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-1271.

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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.

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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.

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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.

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NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy Violates NLRA

By Beth Graham - January 2, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration agreement that illegally required workers to waive their right to engage in collective action as a condition of employment.

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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).

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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.

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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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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.

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Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements

By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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