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Preliminary approval granted for class settlement involving alleged underreporting of workers compensation premiums

Jorden Burt LLP
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USA
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August 25 2011

We have previously reported on the class action lawsuit by members of the National Worker’s Compensation Reinsurance Pool against AIG for alleged “fraudulent underreporting of workers compensation premiums for the purpose of reducing its share of the residual workers compensation market and consequently increasing the residual market costs of the other members of the Pool.”

Participation in EEOC investigation does not waive right to arbitrate

Jorden Burt LLP
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USA
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July 21 2010

A federal district court recently dismissed a Title VII discrimination suit and compelled the parties to arbitration, finding that the employer did not waive its right to arbitrate by participating in an EEOC investigation

Arbitration award vacated for arbitrator bias and misconduct

Jorden Burt LLP
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USA
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September 2 2010

In a labor dispute governed by the Labor-Management Relations Act, the US District Court for the Eastern District of Louisiana has vacated a labor arbitration award due to bias and misconduct on the part of the arbitrator

“Manifest disregard of the law” alive and well in the Ninth Circuit

Jorden Burt LLP
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USA
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June 30 2011

A court in the Ninth Circuit recently considered whether an arbitration award in an employment dispute was a “manifest disregard of the law” under the Federal Arbitration Act

No manifest disregard of the law for award reinstating union employee who violated company rules

Jorden Burt LLP
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USA
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August 24 2011

The Tenth Circuit Court of Appeals recently affirmed the denial of a motion to vacate an arbitration award that reinstated a union-member employee who had been terminated by the employer ostensibly for “just cause."

Manifest disregard of the law under the Labor-Management Relations Act questioned in the Eighth Circuit

Jorden Burt LLP
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USA
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February 22 2011

In a case involving an arbitration award in a labor dispute, a federal district court in the Eighth Circuit recently questioned whether the "manifest disregard of the law" ground for vacating an arbitration award continues to exist under the Labor-Management Relations Act

Individualized damages calculations sink (b)(2) class in Seventh Circuit

Jorden Burt LLP
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USA
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August 18 2011

In what turned out to be a preview of the U.S. Supreme Court’s Wal-Mart v. Dukes decision, the Seventh Circuit Court of Appeal, in Randall v. Rolls-Royce Corp., affirmed the denial of certification of a class of more than 500 female employees of Rolls-Royce who alleged they were underpaid and under-promoted on the basis of gender

Settlement reached in asbestos liability reinsurance dispute

Jorden Burt LLP
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USA
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November 25 2011

A suit filed late last year by two subsidiaries of Chartis, Inc. against their reinsurer, Transport Insurance Co, was recently settled and dismissed

California appellate decision takes a broad view of Concepcion, highlighting the current divide within California

Jorden Burt LLP
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USA
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December 24 2012

Last week we reported on a decision by one California appellate court holding that U.S. Supreme Court precedent did not overrule the California

Two recent decisions highlight potential impact of state law on enforceability of class-waiver arbitration agreements under Concepcion

Jorden Burt LLP
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USA
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March 22 2012

In Carey v. 24 Hour Fitness, USA, Inc., the Fifth Circuit affirmed the denial of a motion to compel arbitration and permitted a class action employee-overtime lawsuit to go forward despite the parties’ putative agreement to arbitrate such disputes on a non-class basis

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