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February 2017 Independent Contractor Misclassification and Compliance News Update
  • Pepper Hamilton LLP
  • USA
  • March 5 2017

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases


Is a charterparty a contract for carriage of goods by water?
  • Borden Ladner Gervais LLP
  • Canada, USA
  • November 17 2011

Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada


“Yes, I Agree”: With a Click, Uber Drivers Can Waive Right To Bring Class Action Suits
  • Baker & Hostetler LLP
  • USA
  • October 31 2016

Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration


Supreme Court rules class arbitration not allowed when agreement is silent
  • Fisher Phillips
  • USA
  • April 27 2010

On April 27, 2010 the US Supreme Court decided that class arbitration is permissible only when the parties to a contract specifically agree


Single notice of arbitration given under ten bills of lading held to commence ten separate arbitrations rather than a single consolidated arbitration
  • Reed Smith LLP
  • USA
  • December 3 2010

Easybiz Investments v Sinograin Chinatex 2010 EWHC 2656 related to arbitration proceedings commenced in relation to ten bills of lading


Personal jurisdiction - enforcement of arbitral award - district court dismisses petition to enforce international arbitration award, finding lack of minimum contacts to support jurisdiction
  • Baker McKenzie
  • USA
  • March 27 2012

Petitioner Greatship (India) Limited ("Greatship") owned two shipping vessels which it chartered to Respondent Marine Logistics Solutions LLC ("Marsol"), an offshore logistics service provider registered in Dubai, United Arab Emirates


Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification - Is This an Effort to Circumvent Uber’s Arbitration Agreements?
  • Pepper Hamilton LLP
  • USA
  • June 23 2017

Yesterday, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that Uber


Supreme Court rules against inference of class arbitration in "silent" contracts
  • Ogletree Deakins
  • USA
  • April 27 2010

This morning, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was silent regarding the aggregation of multiple parties' claims


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


Vacating an Arbitration Award: An Uphill Battle
  • Montgomery McCracken Walker & Rhoads LLP
  • USA
  • February 29 2016

In Zurich Am. Ins. Co. v. Team Tankers A.S., No. 14-4036-CV, 2016 WL 336078 (2d Cir. Jan. 28, 2016), the Second Circuit Court of Appeal recently