Tag Archives: Arbitration

Fairfax Circuit Court Stays Employment Dispute Pending Arbitration

A Fairfax Circuit Court recently granted the employer defendants’ motion to stay an action pending arbitration in the face of an arbitration clause governed by California law.  More after the break.

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Supreme Court Rules That Arbitration Agreement in Collective Bargaining Agreement is Enforceable

In 14 Penn Plaza, LLC v. Pyett, the U.S. Supreme Court held yesterday that “[a] provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.”  A … Continue reading

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Malicious Prosecution Claims Not Subject To Arbitration Agreement

The Supreme Court of Virginia found that an employment arbitration agreement did not cover a post-employment malicious prosecution action in Dillard’s Inc. v. Carol West Judkins and Dillard’s, Inc. v. Sabrina Dewalt.  A copy of the opinion in here.

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Supreme Court Update

As noted throughout the blogosphere (here, here, and here for example), the U.S. Supreme Court decided several employment-related cases today and agreed to hear several more earlier in the week (see here).  This term promises to be heavy on employment … Continue reading

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Study Regarding Employment Arbitration Outcomes Released

The Workplace Prof Blog discusses a recent study regarding outcomes in employment arbitrations.  Previous posts on this topic at this blog are here, here and here.  The author notes an increase in the number of arbitrations over the years since … Continue reading

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4th Circuit Affirms Arbitration Class Certification

In a published decision today, the U.S. Court of Appeals for the Fourth Circuit affirmed an arbitration award in an FLSA class action.  The case is interesting because of the implications for employers using mandatory arbitration agreements.

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WSJ Article on Arbitration of Employment Disputes

For those interested in our prior post on arbitration of employment disputes (Who Wins More In Arbitration?), the WSJ had an article yesterday on this topic.  The WSJ Law Blog also has a follow-up post with extensive commentary here.  The … Continue reading

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Who Wins More In Arbitration?

We questioned earlier whether arbitration of employment disputes would be coming to an end soon.  (What is the future of arbitration?)  Perhaps we announced the death-knell of employment arbitrations too soon.  Overlawyered reports here on the win rates in arbitration … Continue reading

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What is the future of arbitration?

Will arbitration soon be banned for employment disputes?  There appears to be a perfect storm converging in the area of arbitration.  The Wall Street Journal’s Law Blog asks today, “Is arbitration the new litigation?“  Referring to a positive article on arbitration … Continue reading

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