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Appeals › Arbitrators › Employment Litigation

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

Bressler, Amery & Ross, P.C. on

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Ervin Cohen & Jessup LLP

Court of Appeal Harmonizes Enforcement of Arbitration Agreements with Arbitrator's Authority

Ervin Cohen & Jessup LLP on

Readers of this blog are, by now, aware of California’s judicial and legislative hostility toward arbitration. Over the last few months, however, employers have seen a surprising number of appellate victories in their...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Miller Canfield on

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...more

Carlton Fields

Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying...

Carlton Fields on

Oracle America Inc. appealed the trial court’s order compelling class arbitration in an employment dispute in which there were two agreements at issue, one with, and one without, a class action waiver. The Ninth Circuit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Sister Circuits in Holding That Courts, not Arbitrators, Should Decide the Availability of Class Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more

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