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: arbitrator's decision overruled when a well-defined law is ignored Arbitration: delay in requesting arbitration measured from onset of litigation, not from time of grievance Arbitration: court implies agreement to arbitration clause in handbook where employee does not object & continues working Labor Arbitration: arbitrator given power to decide duration of arbitration agreement Labor Arbitration: timeliness of motion to vacate based on statute of limitations from analogous state law Labor Arbitration: Labor Management Relations Act pre-empts California Civil Code Arbitration: joining party 'C' in a lawsuit does not take precedence over the right to enforce arbitration between 'A' and 'B'
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: .
Cases: 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: . Labor Arbitration: Assignee of subcontracts bound by arbitration clause.
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