Health club employee not bound by arbitration clause 
Published: January 27, 2012
Tags: arbitration, fair labor standards act, FLSA, overtime, wage and hour
A health club employee suing for unpaid overtime was not bound by an arbitration clause in his employee handbook, the 5th Circuit has ruled in affirming judgment.
Substitute arbitrator can hear consumer case
Published: January 24, 2012
Tags: arbitration, class action, consumer protection, Federal Arbitration Act
A computer company sued for selling a defective product could enforce an arbitration clause in its customer agreement, even though the designated arbitrator was no longer available to hear disputes, the 3rd Circuit has ruled in reversing judgment.
Supremes signal continuing preference for arbitration
By:
Correy Stephenson
Published: January 18, 2012
Tags: arbitration, Credit Repair Organizations Act, CROA, Federal Arbitration Act
The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act.
Justices hold Credit Repair Act claims can be arbitrated
Published: January 10, 2012
Tags: arbitration, consumer protection, Credit Repair Organizations Act
Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates that the parties’ arbitration agreement be enforced, the U.S. Supreme Court has ruled.
ARBITRATION
Published: January 10, 2012
Tags: arbitration
Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates that the parties’ arbitration agreement be enforced.
See “Justices hold Credit Repair Act claims can be arbitrated.”
U.S. Supreme Court. CompuCredit Corp. v. Greenwood, No. 10-948. Jan. 10, 2012. Lawyers USA No. 993-3474.
Lawyers USA’s Top Ten Opinions of 2011
Published: January 6, 2012
Tags: arbitration, breath test, drunk driving, Facebook, gestational agreement, health care reform, Lilly Ledbetter Fair Pay Act, Obamacare, parental rights, privacy, product liability, sexual orientation discrimination, source code, transgender
As usual, there were a number of noteworthy decisions from federal and state courts in 2011:
1. Topping the list is the 11th Circuit’s decision to strike down the individual mandate in the new federal healthcare reform law.
The federal appeals court’s ruling is probably the
» Continue Reading.
Arbitration clause in job application unenforceable
Published: January 6, 2012
Tags: arbitration, wage and hour
An employer could not enforce an arbitration clause in its job applications when sued for violating state wage and hour law, the California Court of Appeal has ruled in affirming judgment.
Big year leads up to a bigger one at Supreme Court
By:
Kimberly Atkins
Published: December 29, 2011
Tags: 2011, arbitration, employment, health care, immigration, preemption, Supreme Court
WASHINGTON – At the U.S. Supreme Court, 2011 was a remarkable year – not just for the things the justices did, but for the cases they agreed to take up in the near future.
Home builder can’t arbitrate radon claims
Published: December 9, 2011
Tags: arbitration, consumer protection, negligent construction, radon
A home builder could not enforce an arbitration clause in its purchase agreement when it was sued for radon gas injuries, West Virginia’s highest court has ruled in affirming judgment.
Nursing home can’t limit remedies for negligence
Published: November 30, 2011
Tags: American Health Lawyers Association, arbitration, negligence, nursing home litigation, punitive damages, wrongful death
A nursing home sued for wrongful death could not enforce a limitation of remedies clause in its admissions contract that required arbitration and precluded punitive damages, the Florida Supreme Court has ruled in reversing judgment.
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