By Stephen Masciocchi and Tina Van Bockern | March 9, 2023
In a suit filed under the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Tenth Circuit recently affirmed a district court's reliance on the relatively obscure "effective vindication exception," first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan.
By Travis J. Odom | March 7, 2023
Outside of its class-busting properties, arbitration can be a mixed bag for employers.
By Colleen Murphy | March 3, 2023
"Guided by the United States Supreme Court's holding in 'Hall St. Assocs. v. Mattel,' we conclude that when the FAA controls an arbitration agreement, its vacatur terms are exclusive and cannot be modified by contract," said Judge Heidi Willis Currier, in her written opinion for the court.
New Jersey Law Journal | Commentary
By Williams Sanders | March 3, 2023
What are the questions that mediators should be asking when either or both of the parties are advancing positions that appear to drive the parties further apart and leave them frustrated?
By Jonathan Andrews | March 2, 2023
With the Ninth Circuit's decision, the battle over mandatory employment arbitration will likely shift back to analyzing the overall fairness of the arbitration process, according to Jonathan Andrews of Signature Resolution.
By ALM Staff | March 2, 2023
This ruling was selected and summarized by the New York Law Journal's decisions editors.
By Andrew Denney | March 1, 2023
Flores' descriptions of racial discrimination—and those of co-plaintiffs Steve Wilks and Ray Horton, who coached for the Arizona Cardinals and the Tennessee Titans, respectively—are recent examples of the NFL's "systematic discrimination" of Black players and coaches and are "incredibly troubling," U.S. District Judge Valerie Caproni of the Southern District of New York ruled.
By Christopher J. Collins and Lindsay C. Stone | February 24, 2023
This article tracks some of the more significant developments and summarizes the "pros and cons" employers should consider regarding their dispute resolution programs.
Daily Business Review | Analysis
By Alexander Lugo | February 22, 2023
"People are still trying to figure out ways to advance the process of concluding their cases, and I have noticed far more pre-suit mediations and early mediations," said Abbey Kaplan, a shareholder at Kluger, Kaplan, Silverman, Katzen & Levine.
By Scott Mollen | February 21, 2023
Scott Mollen discusses "South St. Seaport Coalition Inc. v. Landmarks Pres. Commn. of NYC," where the court vacated a certificate allowing a high-rise building at South Street Seaport, and "300 W 110th 19B LLC v. Argo Real Estate LLC," where the court granted a motion to compel arbitration, citing the condo bylaws' arbitration provision.
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