One of today’s headings on the front page of the Columbus Dispatch stated that a mediator reinstated an officer who had been caught driving 149 mph on his motorcycle (off duty). Here is the online story (slightly different headline): 149-mph officer wins his job back Mediator: It wasn’t proved that he abused his position Wednesday, … Continue reading Mediation and Arbitration are Not the Same Thing
Today, AT&T filed a petition for certiorari in AT&T Mobility LLC v. Concepcion, raising the question “[w]hether the FAA preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures–here, class-wide arbitration–when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate … Continue reading Cert Petition Filed Raising FAA Preemption — Concepcion
The Supreme Court granted cert in Jackson v. Rent-a-Center West, 09-0947, http://www.scotusblog.com/todays-orders-52/ Karl Bayer posted the question presented on his blog and I repeat it here: The question presented in the case is: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) … Continue reading Supreme Court Grants Cert in Arbitrability Case
Since others are posting information about CPR awards, let me take this opportunity to congratulate Kevin Mahoney, a recent graduate of Moritz College of Law and former Editor-in-Chief of the Ohio State Journal on Dispute Resolution, for winning CPR’s award for outstanding student article. In his article, published in the Ohio State Journal on Dispute … Continue reading Moritz College of Law Student Wins CPR’s Best Original Student Article Award
From the Daily Labor Report: “The U.S. Supreme Court lets stand the California Court of Appeal’s decision that an arbitration agreement between a trash company and a driver that waives class claims and prohibits the employee from seeking civil penalties on behalf of other workers is unconscionable and so tainted with illegality that it is … Continue reading Supreme Court Lets Stand Decision Holding Class Action Ban Unconscionable
I’m sure that most of the country now knows that despite their underdog status, the Buckeyes trounced (perhaps a slight exaggeration) the Oregon Ducks in what became a very fun Rose Bowl to watch!! I won’t hold Michael to his bet although I am curious about the Filberts (did I even spell that correctly?). Way … Continue reading Awaiting Filberts?
Lawrence E. Dubé of BNA’s Labor Relations Week reported on a post-Pyett discussion at a recent ABA meeting: “The U.S. Supreme Court ruled earlier this year that a collective bargaining agreement “clearly and unmistakably” requiring employees to arbitrate claims under the Age Discrimination in Employment Act is enforceable, but employers and unions still are uncertain … Continue reading ABA Discussion of Impact of Pyett on Union-Management Relations
I learned from USA Today that Kate and Jon Gosselin must have entered into an arbitration in July 2009. Now, Kate Gosselin claims that Jon violated an interim arbitration award by taking $230,000 from their joint bank account. I have not yet found the documents related to these claims but find it interesting that the … Continue reading Jon and Kate plus arbitration?
The Daily Labor Report states: By a vote of 93-7, the Senate Oct. 6, passed legislation (H.R. 3326) with an amendment that would prevent the Defense Department from using funds appropriated by Congress for any new or existing federal contract if a defense contractor or “subcontractor at any tier” requires a worker to sign a … Continue reading Franken Changes to Job Arbitration Bill Pass Senate
Another take on the implications of Hall Street. This article discusses the fate of the manifest disregard standard and considers whether parties may have avenues other than the FAA for obtaining review of their arbitration awards: “Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption” NICHOLAS R. WEISKOPF, St. John’s University – School of … Continue reading Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption
