While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more
1/20/2020
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Arbitration Awards ,
Disability Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Federal Arbitration Act ,
Federal Jurisdiction ,
Hiring & Firing ,
Jurisdiction ,
Labor Disputes ,
Lack of Jurisdiction ,
Motion to Compel ,
Motion to Confirm ,
Motion to Vacate ,
Post-Judgment Enforcement Actions ,
Reasonable Accommodation ,
Retaliation ,
Subject Matter Jurisdiction
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
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