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Arbitration clause in employment agreement found enforceable notwithstanding the invalidity of a “no appeal” clause

Jorden Burt LLP
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USA
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September 7 2009

The plaintiff sued the successor corporation of his former employer in state court alleging claims arising from the termination of his employment

Ninth Circuit, stressing importance of “predominance” inquiry, twice rejects class certification

Jorden Burt LLP
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USA
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September 7 2009

In a pair of recent opinions, the U.S. Court of Appeals for the Ninth Circuit rejected class certification of claims alleging the unlawfulness of employers’ internal policies treating their employees as exempt from overtime laws

Existence of deemer clause undoes judgment against reinsurer

Jorden Burt LLP
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USA
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September 21 2009

We previously reported (April 7, 2008) on a federal district court’s interpretation of the liability limit of an employers’ liability reinsurance agreement in a summary judgment setting, finding in favor of the position advanced by the reinsured

Waiver of allegedly unconscionable terms renders arbitration agreement, as modified, enforceable

Jorden Burt LLP
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USA
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March 22 2010

The United States Court of Appeals for the Second Circuit has affirmed a district court's grant of defendants' motion to dismiss a complaint for employment discrimination and motion to compel arbitration

No manifest disregard of law found in employment arbitration dispute

Jorden Burt LLP
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USA
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October 19 2010

An order denying a petition to vacate arbitration awards arising out of an oral employment contract dispute, mentioned in our January 20, 2010 post, was affirmed on appeal to the Second Circuit

Self-insured employers held not to be “insurers” for purposes of insurance guaranty laws

Jorden Burt LLP
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USA
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August 13 2009

The Nevada Supreme Court held that two employers (MGM and Steel Engineers), who operated as self-insured employers under the state’s workers’ compensation act, were not barred from recovering reimbursement from the Nevada Insurance Guaranty Association because they were not "insurers" for purposes of the act

Court declines to reconsider order dismissing suit to enforce arbitration award for lack of jurisdiction

Jorden Burt LLP
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USA
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November 18 2009

A court has denied reconsideration of its earlier order holding that an award postponing the determination of a remedy is not final and binding and, thus, is not subject to review

High Court review sought in Wal-Mart class action

Jorden Burt LLP
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USA
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November 30 2010

A petition for writ of certiorari to the U.S. Supreme Court was filed August 25, 2010 in the Dukes v. Wal-Mart Stores, Inc. class action

Lawsuit alleging underreporting of workers compensation premiums will proceed, in part

Jorden Burt LLP
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USA
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July 28 2010

Motions to dismiss a lawsuit brought by plaintiff American Insurance Group, Inc, and its affiliates and subsidiaries, has been dismissed in part, and granted in part