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Byline: Daily Record Staff United States Court of Appeals for the Second Circuit Federal Arbitration Act Exclusion Transportation workers Bissonnette v. LePage Bakeries 20-1681-cv Judges Jacobs, Pooler, and Gujarati Background: [...]

Byline: Daily Record Staff United States Court of Appeals for the Second Circuit Federal Arbitration Act Transportation workers Baking industry Bissonnette v. LePage Bakeries 20-1681-cv Judges Jacobs, Pooler, and Gujarati [...]

Byline: Pat Murphy A recent U.S. Supreme decision casts aside 1st Circuit precedent on the waiver of a contractual right to arbitrate disputes while reining in lower courts in crafting [...]

Byline: Pat Murphy A recent U.S. Supreme Court decision casts aside 1st Circuit precedent on the waiver of a contractual right to arbitrate disputes while reining in lower courts in [...]

Byline: Nicholas A. Hurston The denial of a trustee's motion to compel arbitration pursuant to a clause in the trust has been affirmed by the Virginia Supreme Court. The court [...]

Byline: Kris Olson Undeniably, drivers for app-based services such as Grubhub and DoorDash deliver to customers prepackaged food and non-food items from outside of Massachusetts. But does that fact make [...]

Byline: Mass. Lawyers Weekly Staff Where plaintiff delivery drivers have alleged that they were misclassified as independent contractors rather than employees, a motion by the defendant to compel arbitration pursuant [...]

Byline: Barry Bridges Employment lawyers are evaluating the impact of a federal measure signed into law by President Biden on March 3 that prohibits employers from mandating arbitration for sexual [...]

Byline: Barry Bridges Employment lawyers are evaluating the impact of a federal bill that, upon President Biden's expected signature, will prohibit employers from mandating arbitration for sexual harassment and sexual [...]

Byline: Kris Olson The job of a "merchandiser" who audits and stocks products, builds in-store displays, and stages point-of-purchase materials is "so closely related to interstate transportation as to be [...]

Byline: Daily Record Staff United States Court of Appeals for the Second Circuit Arbitration award Federal question Federal Arbitration Act Tantaros v. Fox News Network LLC 20-3413-cv Judges Walker, Cabranes, [...]

Byline: Michigan Lawyers Weekly Staff Where a plaintiff's complaint against his defendant employer was dismissed on the basis of a judge's conclusion that the parties 'e-signed' an arbitration agreement, the [...]

Byline: Kris Olson Despite never crossing state lines while discharging their duties, "last mile" delivery drivers are sufficiently engaged in interstate commerce to qualify for the Federal Arbitration Act's exemption [...]

Byline: Kris Olson Despite never crossing state lines while discharging their duties, "last mile" delivery drivers are sufficiently engaged in interstate commerce to qualify for the Federal Arbitration Act's exemption [...]

Byline: Correy E. Stephenson Teeing up a circuit split, a panel of the 4th U.S. Circuit Court of Appeals has held that a party to private arbitration in the United [...]

Byline: Michael R. StanleyThe U.S. Supreme Court continued to shape the contours of the Federal Arbitration Act in two decisions last month.First, in Henry Schein Inc. v. Archer & White [...]

Byline: Pat MurphyThe drumbeat of defeat for plaintiffs fighting arbitration clauses has been put on pause at the U.S. Supreme Court at least temporarily with a recent decision allowing a [...]

Byline: Matthew ChaneyFederal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a [...]

Byline: Heath Hamacher On the heels of the U.S. Supreme Court's recent decision in Epic Systems Corp. v. Lewis, a federal judge in South Carolina has ruled that employers can [...]

Byline: Steve Lash Employers cannot compel employees to sign employment contracts binding them to arbitrate their disputes individually and waive their right to collective action, Maryland's attorney general wrote in [...]

Byline: Tom Egan The 1st U.S. Circuit Court of Appeals has determined that a truck driver's class action in which he claimed to have been paid less than minimum wage [...]

Byline: Agenique Smiley The Federal Arbitration Act (FAA) was passed in 1925 and the government favors arbitration. The presumption is that forced arbitration is a convenient way of disposing of [...]

Byline: Edward Wesoloski The issue whether multiple arbitrations should be consolidated is a procedural or subsidiary matter decided by the arbitrator, not the trial court, unless the parties' contract specifically [...]

Byline: Benjamin G. Robbins In DIRECTV v. Imburgia, decided on Dec. 14, the U.S. Supreme Court was faced once again with a California court's refusal to enforce a class arbitration [...]

Byline: Debroah Elkins Dillon v. BMO Harris Bank NA (Lawyers Weekly No. 001-093-15, 19 pp.) (Duncan, J.) No. 14-1728, May 29, 2015; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. [...]

Byline: Joseph M. Cacace Suppose you are handling a complex arbitration in Providence. Critical evidence is in the hands of non-parties located all over the country. Your client expects to [...]

Byline: Kimberly Atkins The Oklahoma Supreme Court failed to follow the substantive law of the Federal Arbitration Act when it declared the noncompetition agreements in two employment contracts null and [...]

Byline: Kimberly Atkins The U.S. Supreme Court has agreed to decide whether courts have the authority under the Federal Arbitration Act to invalidate an agreement that bars class arbitration of [...]

Byline: Pat Murphy A nursing home sued for wrongful death could not enforce an arbitration clause in its admissions contract, the New Mexico Court of Appeals has ruled in affirming [...]

Byline: Kimberly AtkinsJust when attorneys thought the issue of class action waivers in mandatory arbitration clauses had been settled by the U.S. Supreme Court once and for all, a National [...]

Byline: Correy Stephenson The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act. In CompuCredit v. Greenwood, the justices said the CROA [...]

Byline: Pat Murphy Car buyers were not required to arbitrate class claims alleging that they incurred unearned charges in connection with their purchase of optional life insurance coverage, the Arkansas [...]

Byline: Michael P. Coakley, Esq., Frederick A. Acomb, Esq. and Wendy Wrosch Richards, Esq. What do you do if a party opponent sues your client in a foreign country notwithstanding [...]

Byline: David E. Frank A Superior Court judge’s ruling in a closely watched business dispute calls into question the prediction by litigators that a U.S. Supreme Court decision issued last [...]

Byline: Pat Murphy Cellular telephone customers must arbitrate class claims alleging that their service provider charged them for services they never ordered, the 11th Circuit has ruled in affirming a [...]

Byline: David Frank and Kimberly Atkins Consumer class actions largely could be a thing of the past in Rhode Island and across the country as a result of a U.S. [...]

Byline: Kimberly Atkins Consumer class actions - called a vital tool for rectifying corporate wrongdoing by some, a scourge on American business by others - could be largely a thing [...]

Byline: Kimberly Atkins A state rule barring waivers of class-wide proceedings in consumer contract arbitration clauses is preempted by the Federal Arbitration Act, the U.S. Supreme Court ruled. The plaintiffs [...]

Byline: Pat Murphy The Federal Arbitration Act does not preempt a state ruling that employees cannot waive administrative hearings of wage and hour disputes, the California Supreme Court has decided [...]

Byline: Larry J. Saylor, Esq. The U.S. Supreme Court will decide whether the Federal Arbitration Act (FAA) preempts state law holding an arbitration clause prohibiting class actions "unconscionable." Unless the [...]

Byline: David Frank and Kimberly Atkins A dispute pending before the U.S. Supreme Court could take away the ability of states court judges in Rhode Island and across the country [...]

Byline: Kimberly Atkins If litigation attorneys pay attention to only one U.S. Supreme Court case this term, they should watch AT&T Mobility v. Concepcion. That case could dramatically alter the [...]

Byline: Kimberly Atkins In a case that could limit the ability of states to invalidate arbitration agreements, the justices of the U.S. Supreme Court seemed to have trouble nailing down [...]