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Motion to Compel Hiring & Firing Employment Litigation

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

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The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

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In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

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While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Stokes Wagner

“Click to Accept” Arbitration: A Cautionary Tale

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A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v....more

Carlton Fields

West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor...

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Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Seyfarth Shaw LLP

No Preemption Where Labor Code Doesn’t Require Consulting A CBA

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Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more

Seyfarth Shaw LLP

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

Carlton Fields

Federal Court Looks To Petition To Compel Arbitration, Not The Facts Of The Underlying Litigation, To Determine Whether It Has...

Carlton Fields on

The Second Circuit has upheld an order granting a petition by Hermès of Paris to compel arbitration after Matthew Swain, a former employee, sued Hermès and a coworker in state court for alleged violations of state...more

Saul Ewing LLP

Termination Deliberations Privileged Thanks to Attorney Member of Three-Person “Termination Review Committee”

Saul Ewing LLP on

In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person...more

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