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Arbitration Right Lost
Arbitration is a creature of contract. Unless the contract clearly states an agreement to arbitrate, courts are unlikely to compel it.

Paul Peter Nicolai
Dec 9, 20251 min read
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Retirement Plan Arbitration
401(k) plan arbitration clauses requiring disputes to be resolved individually, rather than collectively, may be invalid

Paul Peter Nicolai
Oct 21, 20251 min read
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Who Decides Arbitrability When Contracts Conflict
The Supreme Court has ruled that when there are two conflicting agreements, a court must decide which contract governs arbitrability

Paul Peter Nicolai
Aug 6, 20241 min read
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Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment
In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...

Paul Peter Nicolai
Jan 24, 20233 min read
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Accessing Website May Be Agreement to Arbitrate
According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...

Paul Peter Nicolai
Nov 29, 20222 min read
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Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal
Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...

Paul Peter Nicolai
Jul 12, 20222 min read
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ARBITRATION EXEMPTION
An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...

Paul Peter Nicolai
May 3, 20221 min read
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MUDDY CONTRACT MEANS YEARS IN COURT
Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...

Paul Peter Nicolai
Dec 21, 20211 min read
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Decision on Arbitration goes to Arbitration
A former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the...

Paul Peter Nicolai
May 11, 20211 min read
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