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Recent Developments
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2001 Newsletters

April 9 Newsletter

Cases:
Arbitration: prior purchase sufficiently related to distribution contract to trigger arbitration clause (4th Circuit).
Arbitration: US sovereign immunity not an escape from arbitration clause (4th. Circuit).
Arbitration: courts cannot review claims already decided in arbitration without good cause (7th Circuit).
Arbitration: arbitration is not enforceable when parties have not clearly agreed to include it in the contract (S.D. New York).
Arbitration: court compels arbitration unless positively assured that no interpretation of arbitration clause fits this dispute (Colorado).
Arbitration: the positive assurance test resolves all arbitrability doubts in favor of arbitration (Connecticut).
Arbitration: service contract not enough nexus to compel arbitration on dispute over later injury (Florida).
Mediation: communications during, not before, mediation are confidential (Oregon).
Arbitration: arbitrator's award reinstating a dismissed employee does not require that all indications of the incident be removed from employee's file (Pennsylvania).
Arbitration: mass-mailing an amendment with an arbitration clause does not indicate agreement to that clause by an insured (Utah)
Arbitration: not bad faith to join 3rd parties in order to invalidate arbitration clause (Ohio).
Arbitration: arbitration awards presumed valid courts may not substitute its judgment for that of the arbitrator selected by the parties (Ohio)
Cases:
Arbitration: Only Transportation Worker Employment Contracts exempted from FAA Reach.
Labor Arbitration: Arbitrator entitled to interpret collective bargaining agreement.
Arbitration: FAA pro-arbitration policy makes enforceable an agreement that limit types of arbitrable actions.
Arbitration: arbitration awards granted when applicable law is not manifestly disregarded and analysis for award is not ambiguous.
Arbitration: parties must clearly agree to cancel arbitration clause.
Labor Arbitration: Union's conduct must be arbitrary and undermine the arbitration process to violate fair representation.
Arbitration: foreign arbitration award recognized.
Labor Arbitration: judicial remedy not available until administrative remedies exhausted.
Arbitration: reinstatement of safety sensitive employee upheld after drug violation.
Arbitration: for federal court to confirm arbitration award in diversity case, amount in controversy is the award amount not the original allegation.
Arbitration: time to appeal arbitration follows mailbox rule.
Arbitration: court's compelling arbitration reviewed by appeal court, not arbitrator.
Arbitration: franchise agreement terms mandating arbitration in a place and manner that is oppressive to the parties may be removed.
Arbitration: arbitrator's award of attorney fees upheld by rational nexus test.
Mediation: disclosure of mediation communication not prejudicial.
Arbitration: Lack of interstate commerce leads to denial of motion to compel.
Arbitration: Lack of signature voids arbitration agreement.
Arbitration: voluntary submission to mandatory arbitration does not create final decision.
Arbitration: Arbitration clause in employment contract is not unconscionable.
Arbitration: Contractual duty to arbitrate disputes may survive termination of the agreement.
Cases:
Arbitration: court order compelling arbitration was a final judgment
Arbitration: federal law (FAA) prevails over state law in interstate commerce dispute
Arbitration: contract allowing for fees in arbitration not binding in arbitration or in court
Arbitration: agreement requiring employee to pay pro rata share of arbitration found unconscionable
Arbitration: client's unawareness that arbitration was binding not sufficient to overturn award
Arbitration: arbitration agreement that appeared in one, but not the other, contract found not binding
ADR Online: Business Law Today
Mediation/Third Party Neutral: Virginia's new Rules of Professional Conduct address ADR roles for lawyers.
Mediation: Settle Yourself to the Economy of Mediation
Arbitration: plaintiff's failure to appear for arbitration removes ability to challenge award
Cases:
Arbitration: arbitrator may modify or amend ruling on submitted issues.
Arbitration: Arbitrator acted within his statutory authority.
Arbitration: confirming court may grant attorney fees from arbitration when rights reserved.
Arbitration: failure to join additional wrongdoer not bar to arbitration.
Arbitration: participation, without objection, in arbitration waives right to vacate award.
Arbitration: arbitration award lessened due to settlement with non-participating party.
Arbitration: arbitrator may decide initial issue of whether insurance coverage existed.
Arbitration: finding that no initial cause of harm properly signaled dismissal of related claims.
Arbitration: management rights non-arbitratable, terms and conditions of employment arbitrable.
Arbitration: signature with 'footnoted' exception upheld as not agreeing to arbitration.
Arbitration: pro se grievant unable to vacate untimely award because Union and Employer consented to extension.
Arbitration: mailed arbitration clause not binding on customers.
Arbitration: assignee of subcontracts bound by arbitration clause.
Arbitration: .

Updated by Joel Wright
Willamette University College of Law

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