Paul Peter Nicolai
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....
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Paul Peter Nicolai
- Feb 14
- 1 min
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
- Jan 24
- 3 min
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
- Dec 6, 2022
- 2 min
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
- Nov 29, 2022
- 2 min
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
- Aug 2, 2022
- 3 min
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
- Jul 12, 2022
- 2 min
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
- May 3, 2022
- 1 min
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
- Apr 19, 2022
- 2 min
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
- Mar 22, 2022
- 2 min
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
- Jun 15, 2021
- 1 min
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
- May 18, 2021
- 1 min
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 11, 2021
- 1 min
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...
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