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Documents on alternative dispute resolution
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|Arbitration, Confidentiality Agreement with Car Wash Workers was Unenforceable, California Court Rules|
Jackson Lewis P.C.;
May 28, 2014, previously published on May 20, 2014An arbitration and confidentiality agreement provided to car wash workers was unconscionable and unenforceable, the California Court of Appeal has ruled, denying arbitration in a class action for alleged California wage-hour law violations. Carmona v. Lincoln Millennium Car Wash, Inc., No. B248143...
|Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules|
Jackson Lewis P.C.;
May 28, 2014, previously published on May 23, 2014A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful...
|Ontario Court Sends Strong Deterrent Signal in Canada's First Anti-Bribery Sentencing|
Graham Erion, Johanna Goosen; Davis LLP;
May 27, 2014, previously published on May 26, 2014On May 23, 2014, Nazir Karigar, the first individual convicted under Canada’s Corruption of Foreign Public Officials Act (“CFPOA”), was sentenced to three years in prison for conspiring to offer bribes to Air India officials and the Indian Minister of Civil Aviation. Justice...
|NHTSA and GM Agree to Resolve Timeliness Claims Related to Ignition Switch Recall|
Christopher H. Grigorian; Foley & Lardner LLP;
May 22, 2014, previously published on May 20, 2014Last week, NHTSA and GM announced an agreement to resolve recall timeliness claims related to GM’s massive Ignition Switch recall. In addition to the widely-reported $35 million civil penalty GM has agreed to pay (the maximum under the Safety Act), GM has agreed to various behavioral changes,...
|What is the Difference Between Mediation and Arbitration?|
David L. Allen; Jaburg & Wilk, P.C.;
May 22, 2014Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different words with the same meaning (i.e....
|Insurance Carrier Barred from Seeking Reimbursement of PIP Benefits after Failing to Demand Arbitration within 2 Years|
Gina M. Zippilli; Capehart & Scatchard, P.A.;
May 14, 2014, previously published on May 12, 2014Personal Injury Protection insurance (“PIP”) is part of New Jersey’s no-fault motor vehicle insurance system and is the primary source of coverage for the medical bills of people injured in motor vehicle collisions. New Jersey requires motorists to carry PIP as part of their motor...
|So You Think Your Arbitration Agreement is “Good Enough”?|
Stephen Antle; Borden Ladner Gervais LLP;
May 7, 2014, previously published on April 30, 2014Experienced arbitration counsel spend a lot of energy impressing on corporate colleagues and in-house counsel the importance of using arbitration expertise when drafting arbitration agreements. Sometimes it seems we’re not taken seriously - that our audience thinks it’s “good...
|Teck Continues Random Drug and Alcohol Testing - For Now|
Larry Page; Davis LLP;
May 5, 2014, previously published on April 30, 2014Teck Coal Limited (“Teck”), British Columbia’s largest mining company, implemented a new mandatory random drug and alcohol testing policy in December 2012 in the province. The policy was presented in November 2012 for union review and the union lodged a grievance of the policy...
|Mediation, Arbitration or Litigation: How to Pick Your Poison|
David P. Ray; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Probably the last thing on your mind at the beginning of a job is considering how and where you will prosecute or defend claims arising from the project. But it is highly likely that, buried somewhere in the agreement you are about to sign, there is a provision that makes a selection of a method...
|NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration|
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 29, 2014, previously published on April 21, 2014In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...