Labor and Employment Arbitration. By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - First in Employment Law.
Copyright (c) 2006, Ross Runkel
http://www.lawmemo...ationblog/atom.xml
Add to your Website!
Have banks conspired to force credit card holders to accept mandatory arbitration clauses, coupled with no-class-action provisions, in their cardholder agreements? There is an additional standing question that the court did not address: standing under the antitrust laws.
This post digest is 6% of the original post size. Uncompress
Read Antitrust and arbitration (Links)
"under some circumstances such a provision would lead to a de facto waiver and would impermissibly interfere with employees' ability to vindicate unwaivable rights and to enforce the overtime laws."
This post digest is 7% of the original post size. Uncompress
Read Gentry: Cert denied (Links)
What about the various non-statutory grounds that courts seem to use for overturning arbitrators' awards, such as manifest disregard of the law, public policy, arbitrary and capricious, irrational?"
This post digest is 8% of the original post size. Uncompress
Read Hall Street: Non-statutory grounds for review (Links)
Therefore, the Supreme Court should (1) declare that the FAA does not block the procedure followed here if it is otherwise allowed by local rules or state law, and (2) remand to the lower courts to decide whether the procedure is allowed.
This post digest is 6% of the original post size. Uncompress
Read Hall Street: No expansion of FAA grounds for vacating award (Links)
Discover Bank sued Betty Vaden in state court for nonpayment of her credit card balance. Discover Bank then petitioned a federal district court seeking to compel arbitration of Vaden's state-court counterclaims. The court also found that Vaden's counterclaims are completely preempted by the FDIA.
This post digest is 21% of the original post size. Uncompress
Read Supremes take another arbitration case (Links)
Whether the Federal Arbitration Act permits a court to refuse to enforce an agreement calling for individual arbitration based on state labor law policies that do not apply generally to "any contract." 9 U.S.C. § 2.
This post digest is 6% of the original post size. Uncompress
Read Gentry at the US Supreme Court (Links)
Babcock will speak about the four-phase collaborative problem-solving approach to negotiation and how lawyers and mediators can use this approach to manage the reactions and emotions that may arise on both sides of a dispute.
This post digest is 9% of the original post size. Uncompress
Read ABA ADR Conference (Links)
Affirming the judgment below, the California Court of Appeal held that the TAA vested the Labor Commissioner with exclusive original jurisdiction over the dispute, and that Buckeye was inapposite because it did not involve an administrative agency with exclusive jurisdiction over a disputed issue.
This post digest is 3% of the original post size. Uncompress
Read Preston v Ferrer: FAA preempts California statute (Links)
The employees were covered by a collective bargaining agreement which prohibited age discrimination and also said "All such claims shall be subject to the grievance and arbitration procedure [in the collective bargaining agreement] as the sole and exclusive remedy for violations."
This post digest is 24% of the original post size. Uncompress
Read Supreme Court: Can union waive individual's right to sue? (Links)
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | Next
Enter your search term in the field below.
If you enjoy Ross' Arbitration Blog you may also like to read:
The following one-click bookmarking links are made available for your convenience.
Backflip
BlinkBits
Blinklist
blogmarks
Buddymarks
CiteUlike
Connotea
del.icio.us
de.lirio.us
digg
FeedMarker
Feed Me Links!
Furl
Give a Link
Gravee
igooi
kinja
Lilisto
Linkagogo
Linkroll
looklater
Magnolia
maple
netvouz
Newsvine
Open Tag Directory
Raw Sugar
Shadows
Simpy
Spurl
Squidoo
tagtooga
Technorati
Wink
wists
Yahoo My Web
The following one-click subscription links are made available for your convenience.
reddit
