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Arbitration
Three Cert Petitions Filed Over Employment Collective Action Bans
October 4, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following...
October 4, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following...
International Implications of the Will as an Implied Unilateral Arbitration Contract
October 3, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International...
October 3, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International...
Ninth Circuit Sends Uber Driver Claims to Arbitration
September 30, 2016
This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version of Uber’s driver agreement, and one driver agreed to a 2014 updated version. Both agreements contained arbitration clauses, and drivers could opt out of the arbitration if they followed the appropriate steps. The 2014 agreement allowed for opt-out by email....
September 30, 2016
This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version of Uber’s driver agreement, and one driver agreed to a 2014 updated version. Both agreements contained arbitration clauses, and drivers could opt out of the arbitration if they followed the appropriate steps. The 2014 agreement allowed for opt-out by email....
Second Circuit Upholds Employment-Related Class-Action Waiver
September 27, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”). In Patterson v. Raymours Furniture, No. 15-2820 (2d Cir. Sept. 2, 2016 [and corrected on September 7, 2016]), Raymours Furniture Company (“Raymours”) required each of its employees to agree to participate in the company’s...
September 27, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”). In Patterson v. Raymours Furniture, No. 15-2820 (2d Cir. Sept. 2, 2016 [and corrected on September 7, 2016]), Raymours Furniture Company (“Raymours”) required each of its employees to agree to participate in the company’s...
Uber Enforces Arbitration Due To Delegation Clause And Opt Out
September 27, 2016
The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week. And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it’s worth reviewing the details. Former drivers brought an action in federal court, alleging two primary things: that when Uber terminated them for having bad consumer credit, Uber violated statutes regulating...
September 27, 2016
The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week. And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it’s worth reviewing the details. Former drivers brought an action in federal court, alleging two primary things: that when Uber terminated them for having bad consumer credit, Uber violated statutes regulating...
Affiliation Bias in Arbitration: An Experimental Approach
September 26, 2016
Sergio Puig, Associate Professor at the University of Arizona James E. Rogers College of Law, and Anton Strezhnev, PhD candidate...
September 26, 2016
Sergio Puig, Associate Professor at the University of Arizona James E. Rogers College of Law, and Anton Strezhnev, PhD candidate...
Executive Order Restricts Mandatory Arbitration of Title VII Claims for Some Federal Contractors
September 26, 2016
Two years ago, President Obama signed Executive Order 13673 – Fair Pay and Safe Workplaces (“EO13673”). Section 6 of the order contains a number of pre-dispute arbitration restrictions that will become effective on October 25th of this year. Under Section 6, a worker must voluntarily consent to arbitrate any claims that arise under Title VII of the Civil Rights Act of 1964 or relate to sexual harassment or assault if employed by, or acting as an independent contractor for a federal contractor...
September 26, 2016
Two years ago, President Obama signed Executive Order 13673 – Fair Pay and Safe Workplaces (“EO13673”). Section 6 of the order contains a number of pre-dispute arbitration restrictions that will become effective on October 25th of this year. Under Section 6, a worker must voluntarily consent to arbitrate any claims that arise under Title VII of the Civil Rights Act of 1964 or relate to sexual harassment or assault if employed by, or acting as an independent contractor for a federal contractor...
Lessons From Recently Vacated Arbitration Awards
September 22, 2016
While I was busy blogging out listicles and “think pieces” last month, my stack of unread arbitration cases grew exponentially. August was apparently a very busy month for publishing arbitration opinions. Maybe most surprisingly, the federal appellate courts vacated three arbitration awards in recent weeks. So I will start there, and end with two headline-worthy awards that got confirmed. First, in Bankers Life & Cas. Ins. Co. v. CBRE, Inc., __ F3d __, 2016 WL 4056400 (7th Cir....
September 22, 2016
While I was busy blogging out listicles and “think pieces” last month, my stack of unread arbitration cases grew exponentially. August was apparently a very busy month for publishing arbitration opinions. Maybe most surprisingly, the federal appellate courts vacated three arbitration awards in recent weeks. So I will start there, and end with two headline-worthy awards that got confirmed. First, in Bankers Life & Cas. Ins. Co. v. CBRE, Inc., __ F3d __, 2016 WL 4056400 (7th Cir....
The Arbitrator Survey: Practices, Preferences and Changes on the Horizon
September 22, 2016
Edna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences and Changes on the Horizon,” The American Review of International Arbitration, 2015/Vol. 26, No. 4. In her article, Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators. Here is the abstract: Arbitration counsel want to win. Understanding how arbitrators think, what they favor, how they make decisions, and how they...
September 22, 2016
Edna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences and Changes on the Horizon,” The American Review of International Arbitration, 2015/Vol. 26, No. 4. In her article, Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators. Here is the abstract: Arbitration counsel want to win. Understanding how arbitrators think, what they favor, how they make decisions, and how they...
Five Biggest Surprises In The Arbitration Process
September 21, 2016
Five Biggest Surprises In The Arbitration Process No need for a “complaint” with numbered paragraphs or lengthy recitations to start the ball rolling. (To start an arbitration proceeding, a claimant usually just needs to complete a form identifying the parties, the claim amount, and the type of dispute, with a copy of the arbitration agreement attached. No Twiqbal standards, no formal service.) Parties are not obligated to keep arbitration proceedings confidential. (If confidentiality...
September 21, 2016
Five Biggest Surprises In The Arbitration Process No need for a “complaint” with numbered paragraphs or lengthy recitations to start the ball rolling. (To start an arbitration proceeding, a claimant usually just needs to complete a form identifying the parties, the claim amount, and the type of dispute, with a copy of the arbitration agreement attached. No Twiqbal standards, no formal service.) Parties are not obligated to keep arbitration proceedings confidential. (If confidentiality...
