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Order Compelling Arbitration Requires Court to Stay Case
The Supreme Court has held that when a district court compels claims to arbitration and a party has requested a stay under the Federal...
Paul Peter Nicolai
Sep 17, 20241 min read
Arbitrator’s Witness Credibility Findings Mean Possible Bias
A California appellate court vacated an arbitration award saying the arbitrator’s adverse credibility determinations were misconduct.
Paul Peter Nicolai
May 14, 20241 min read
Law Imposing Criminal Liability Against Employers Requiring Arbitration Agreements Struck Down
The Ninth Circuit found a California law that prohibited employers from requiring employees to sign an arbitration agreement as a...
Paul Peter Nicolai
Mar 19, 20241 min read
Supreme Court Says Appeal From a Denial of a Motion to Compel Arbitration Stops Trial Proceedings
The US Supreme Court has decided that an appeal of a denial of a motion to compel arbitration under the Federal Arbitration Act (FAA)...
Paul Peter Nicolai
Aug 22, 20232 min read
Right to Modify Employee Handbook Voids Arbitration
An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....
Paul Peter Nicolai
Mar 21, 20232 min read
Pop-Up Arbitration Notice Fails
A plaintiff was injured when an Uber driver collided with another vehicle. Uber asked to compel arbitration. It was denied because the...
Paul Peter Nicolai
Feb 14, 20231 min read
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
Forced Waiver of Claims Kills Arbitration Clause
An arbitration agreement that requires parties to waive federal statutory claims is unenforceable. According to the U.S. Court of Appeals...
Paul Peter Nicolai
Dec 6, 20222 min read
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
What Privilege Rules Apply In International Arbitration?
International arbitration means different parties from different jurisdictions. Each jurisdiction may have different rules for the legal...
Paul Peter Nicolai
Aug 2, 20223 min read
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
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
BYPASSING COURT DELAYS
COVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....
Paul Peter Nicolai
Apr 19, 20222 min read
Use or Lose Your Right to Arbitrate
According to a state appellate court, a right to arbitration can be waived when brought almost two years into litigation. The court...
Paul Peter Nicolai
Mar 22, 20222 min read
SUING TO VOID AN ARBITRATION AWARD GETS EXPENSIVE
Back about 10 years ago, the US Supreme Court limited the grounds for voiding arbitration awards under federal law. Before that, courts...
Paul Peter Nicolai
Jun 15, 20211 min read
Gig Worker Bound To Clickwrap Arbitration
The plaintiff applied through the website of the defendant which assigns house cleaning jobs to workers. Later, she clicked an accept...
Paul Peter Nicolai
May 18, 20211 min read
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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