Mark Tyson

Burr & Forman

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Fifth Circuit Holds That Class Arbitration is a Gateway Issue For Courts, Not Arbitrators

The United States Court of Appeals for the Fifth Circuit recently joined other federal appellate courts finding that class arbitration is a “gateway” issue for judicial determination, not the arbitrator. See 20/20...more

8/12/2019 / Arbitration , Arbitration Agreements , Class Arbitration , Employment Litigation , Judicial Discretion , Litigation Strategies , Motion to Vacate , NLRA , Question of Arbitrability

Fifth Circuit Holds Procedural Unconscionability Determination Was From Judge, Not Arbitrator, Despite Delegation Clause

An employee sued her former employer alleging that she was unlawfully terminated under federal law. During the course of her employment, the employee acknowledged on multiple instances that “all employment disputes” with the...more

7/22/2019 / Arbitration , Arbitration Agreements , Contract Terms , Delegation Clauses , Employer Liability Issues , Employment Contract , Employment Litigation , Hiring & Firing

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

9/12/2018 / Appeals , Arbitration , Arbitration Agreements , Federal Arbitration Act , Health Care Providers , Healthcare Facilities , Motion to Compel , Nursing Homes , Unconscionable Contracts , Wrongful Death

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