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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
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
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
Rule prohibiting the arbitration of class action employment claims is approved
- Winston & Strawn LLP
- -
- USA
- -
- June 11 2012
On June 8th, the Financial Industry Regulatory Authority ("FINRA") announced SEC approval of amendments to FINRA Rule 13204 of the Code of Arbitration Procedure for Industry Disputes (Industry Code) to preclude collective action claims by employees of FINRA member firms under the Fair Labor Standards Act, the Age Discrimination in Employment Act or the Equal Pay Act of 1963 from being arbitrated under the Industry Code
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
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
