News & Analysis as of

Arbitration Motion to Dismiss Employer Liability Issues

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

Clark Hill PLC on

This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

CDF Labor Law LLP

Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber

CDF Labor Law LLP on

On February 12, 2024, in Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit Court of Appeals held that an employee’s non-arbitrable, representative PAGA claims are not subject to dismissal when the plaintiff is ordered to...more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Proximate Cause Claims in Wrongful Death Suit Against Broker-Dealer

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a wrongful death action was brought against J.P. Morgan and related entities after the death of a former broker. Following the suicidal death of the broker,...more

Robinson+Cole Data Privacy + Security Insider

Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration

We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more

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