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Postscript: to compel under the FAA or the MAA? That is the question . . . With an answer

Ogletree Deakins
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USA
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May 14 2013

In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal

One-sided arbitration agreement found unconscionable by California court

Ogletree Deakins
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USA
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April 29 2013

Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement

The Gentry test on enforceability of class action waivers in arbitration agreements remains good law in California

Ogletree Deakins
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USA
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January 31 2013

Franco v. Arakelian Enterprises, Inc., No. B232583 (Cal. App. 2d, November 26, 2012): In a recent decision by the Second Appellate District of

California Court of Appeal finds arbitration agreement contained in employment application to be valid

Ogletree Deakins
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USA
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January 31 2013

Baltazar v. Forever 21, Inc., B237173 (December 20, 2012): A former employee of Forever 21, Inc. filed a lawsuit against the company alleging

Another example of the Board’s continued reluctance to endorse mandatory alternative dispute resolution policies

Ogletree Deakins
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USA
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January 29 2013

In Supply Technologies, LLC and Teamsters Local 120, 359 NLRB 38 (Dec. 14, 2012), the National Labor Relations Board struck down an employer's

Eighth Circuit permits individual arbitration of FLSA claims

Ogletree Deakins
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USA
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January 15 2013

The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor

High Court vacates state Supreme Court’s arbitration ruling in noncompete case

Ogletree Deakins
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USA
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November 26 2012

This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA

No implied-in-fact arbitration agreement where employee had no intention of signing

Ogletree Deakins
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USA
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November 14 2012

Gorlach v. The Sports Club Company, No. B233672 (Cal. App. 2d, Oct. 16, 2012): In Gorlach, the plaintiff was the former human resources director for Sports Club tasked with updating the employee handbook to include an arbitration agreement and collecting employee signatures on the arbitration agreements

Arbitrator’s decision finding just cause for discharge dooms subsequent statutory claims, district of New Jersey holds

Ogletree Deakins
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USA
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October 15 2012

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her termination, an arbitrator had concluded that her termination was for “just cause,” and the New Jersey Superior Court had confirmed the arbitration award denying plaintiff’s grievance

First Circuit limits ability to avoid class-wide arbitration

Ogletree Deakins
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USA
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August 17 2012

The First Circuit Court of Appeals recently issued a decision that has a significant impact on the ability of employers to avoid class-wide arbitration

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