News & Analysis as of

Motion to Compel Prejudice Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

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