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Reversing previous ruling, California Supreme Court holds arbitration agreement that waives right to an administrative hearing may be enforceable

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • October 22 2013

On October 17, 2013, in Sonic-Calabasas v. Moreno (Sonic II), the California Supreme Court overturned its 2011 holding in Sonic-Calabasas v. Moreno

Organizing

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • July 7 2011

On June 2, 2011, the Air Line Pilots Association (ALPA) filed an application with the National Mediation Board (NMB) for a representation election among 2,200 JetBlue Airways pilots

U.S. Supreme Court holds that arbitrators decide the validity of noncompetition clauses under valid arbitration agreements

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • November 27 2012

The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement

Million dollar attorney fee award is affirmed

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • February 21 2012

On February 16th, the Fourth Circuit affirmed the confirmation of an arbitration award and held that the arbitration panel did not manifestly disregard the law when it awarded $1.1 million in attorneys' fees and costs to the former employees in accordance with the South Carolina Frivolous Civil Proceedings Act

Journalist reinstated after being fired for Twitter comments

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 23 2010

A journalist for Radio Free Asia a Washington D.C.-based news organization was recently reinstated following an arbitration with his employer over his termination for numerous Twitter posts

Arbitration panel exceeded its authority in awarding damages to former registered representatives

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 1 2010

On February 22nd, the Fourth Circuit affirmed an order vacating an arbitration panel's award to registered representatives terminated by their employer, a broker-dealer

Supreme Court issues two unanimous decisions affecting labor & employment

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 10 2009

In Union Pac. R.R. Co. v. Bhd. of Locomotive Engineers, No. 08-604 (December 8, 2009), the Court unanimously held that a union’s failure to present evidence of efforts to reach a settlement through “conferencing” did not preclude the National Railroad Adjustment Board from exercising jurisdiction over the union’s claim

NLRB says arbitration agreements waiving employees’ right to file class action claims violate the National Labor Relations Act

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • January 10 2012

Last week, the National Labor Relations Board (“NLRB” or “Board”) ruled that arbitration agreements prohibiting employees from filing class action claims violate the National Labor Relations Act (“NLRA”

Administrative, court & other decisions

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • July 6 2012

The National Mediation Board denied an election interference complaint from the Teamsters against the IAM and United Continental Holdings Inc

Fifth Circuit rejects NLRB ruling, finding class action waivers enforceable

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 5 2013

On December 3, 2013, the Fifth Circuit issued a ruling in the closely watched collective and class action waiver arbitration case, D.R. Horton v