Search Results (1958)
Documents on Alternative Dispute Resolution
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|Fifth Circuit Joins Other Federal Circuits and Rejects NLRB’S Refusal to Enforce Collective Action Waiver|
Allison L. Goico, Ryan W. Green; Dinsmore & Shohl LLP;
December 6, 2013, previously published on December 4, 2013The Fifth Circuit weighed in yesterday on the ongoing discussion among courts regarding the enforceability of class/collective action waivers. While federal appellate courts have upheld collective action waivers and rejected the National Labor Relations Board’s position, some federal courts...
|Divided Fifth Circuit Overturns D.R. Horton on Enforceability of Employer’s Arbitration Agreement Prohibiting Class ClaimsDivided Fifth Circuit Overturns D.R. Horton on Enforceability of Employer’s Arbitration Agreement Prohibiting Class Claims|
Holland Hart LLP;
December 5, 2013, previously published on December 3, 2013In a much-anticipated decision, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board's controversial D.R. Horton decision, which held that an arbitration agreement requiring an employee to waive his or her right to bring class claims violated the National Labor Relations...
|In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law|
R. Scott Adams, Angela L. Beblo, Debra Lee Hovatter, Sarah B. Smith; Spilman Thomas & Battle, PLLC;
December 2, 2013, previously published on November 26, 2013For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State Attorney General has the ability to retain private attorneys to pursue litigation on behalf of the State. The Supreme Court of Appeals of West Virginia recently issued a decision confirming...
|Collaborative Law - Take Your Divorce Off the Battlefield|
Kristin A. Molavoque; MacElree Harvey, Ltd.;
November 28, 2013, previously published on November 22, 2013Collaborative Law is a voluntary process whereby the parties, with the assistance of their respective lawyers and other professionals, make divorce decisions together based on their understanding of their own views, each other’s, and the reality the entire family faces. This model offers a...
|Forced Arbitration Laws on Consumers|
James P. Nevin; Brayton Purcell, LLP;
November 28, 2013, previously published on November 26, 2013The beauty of the justice system is that the little guy can take on the corporation, it's part of the American dream. Companies have caught on to this and stolen that right from under you. Forced arbitration clauses are bad news for consumers, patients and employees. Businesses are forcing people...
|Colorado Court of Appeals Accepts an Interlocutory Appeal on the Issue of Amending CC&Rs to Avoid Arbitration|
Lisa Bondy Dunn; Wood, Smith, Henning & Berman LLP;
November 26, 2013, previously published on November 19, 2013When a planned residential development is created, the owners’ association is governed by a Declaration of Conditions, Covenants and Restrictions (“CC&Rs”). Very often, the developer who creates the CC&RS will include an alternative dispute resolution procedure in the CC&Rs so...
|Impeaching an Arbitral Award in the Singapore High Court—Natural Justice|
Martin S. King, Matthew J. Skinner; Jones Day;
November 26, 2013, previously published on November 2013The sanctity of arbitration proceedings and awards was again preserved by the Singapore High Court in its decision in TMM Division Maritima SA de CV v Pacific Richfield Marine Pte Ltd  SGHC 186. The tone of the judgment was established in the very first sentence of the introductory paragraph...
|Federal Arbitration Act Preempts California’s Broughton-Cruz Rule, Allowing Arbitration of all Claims Including Claims for Injunctive Relief|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
November 25, 2013, previously published on November 21, 2013A federal district court denied a motion to compel arbitration for claims for injunctive relief under California’s unfair competition law, Consumer Legal Remedies Act, and false advertising law but granted the motion as to the other legal claims. In its finding, the district court relied on...
|Drug and Alcohol Testing: Safety vs. Privacy|
Christopher McHardy; McCarthy Tétrault LLP;
November 25, 2013, previously published on November 20, 2013Random alcohol and drug testing causes irreparable harm to privacy interests, but not allowing it creates a risk of even greater irreparable harm to safety. That was the decision reached by an Arbitrator who was asked by a union to make an interim order to prevent the employer from implementing its...
|FINRA Announces Effective Date for Discovery Guide Amendments and Provides Insight on Current Initiatives and Trends in Securities Arbitration|
Sutherland Asbill Brennan LLP;
November 25, 2013, previously published on November 21, 2013In its just-issued Regulatory Notice 13-40, the Financial Industry Regulatory Authority (FINRA) announced that the Discovery Guide Amendments recently approved by the U.S. Securities and Exchange Commission (SEC) will become effective December 2, 2013. In addition, FINRA Dispute Resolution...