Arbitration Agreements A Discussion on the Advantages and Tips on Contractual Construction by Lani Dorsey
|
|
- Clifford Thompson
- 6 years ago
- Views:
Transcription
1 Arbitration Agreements A Discussion on the Advantages and Tips on Contractual Construction by Lani Dorsey In grievance arbitrations, the arbitrator derives his or her authority from the contract and has no authority to change or add to the contract. In deriving a solution to grievances the arbitrator is limited to deciding what the parties intended in their agreement. If the language in the contract is unclear, often the arbitrator has to decide the parties intent. He or she will usually refer to the parties past practices and history in those circumstances. Advantages Grievance arbitration can and has often been used by the public sector as an alternative solution to resolve disputes in the interpretation and enforcement of rights under an existing contract, employer s policies or regulations. Statistics show that California jury awards for employment related cases have doubled from an average of $432,628 in 1993 to an average of $875,260 in 1994, with one fourth of all plaintiff s verdicts in excess of one million dollars. There are many advantages to using arbitration in comparison to the court system approach: (1) It is quicker. The average time to a decision in arbitration is a year compared with one to two years for a jury trial. (2) It costs less. Statistics from a major arbitration provider show that the average award in arbitration is only $250,000. Arbitration can also cost less than a jury trial because there is no jury attendant costs and arbitration involves little or no discovery. In addition to the hard costs, there are also savings in the organization s staff time. Since discovery is limited, if permitted at all depending on the arbitration provider, employees are not held up in timeconsuming depositions and deposition preparation, mandatory settlement conferences or in long trials. (3) It is more convenient. Arbitration allows the parties to select the fact finder, the dates and where the hearings will be held. (4) Less Publicity. There is no public record of the proceedings. This can be an important factor especially in cases that have a potential to escalate and gain media attention. In California, courts often rely on the principles developed in three U.S. Supreme Court cases known as the Steelworkers Trilogy. First, that arbitration must be agreed upon in the form of a contract. A party cannot be compelled to arbitrate a dispute that he or she has not agreed to arbitrate. Second, the courts must decide if a dispute is arbitrable, unless the parties clearly and unmistakably provide otherwise in the contract. Third, if the contract is not clear, the grievance should not be denied arbitration. In the case of Nolde Bros. Inc. v. Bakery Workers, the United States Supreme Court ruled that arbitrability applies to any grievance based on provisions of a contract, even after the contract expires, unless there is an express agreement or a clear implication not to arbitrate in the contract.
2 Arbitration 2 In Golenia v. Bob Baker Toyota, a California federal district court ruled that an employee is bound by an employment agreement to arbitrate his Americans with Disabilities Act (ADA) claims. In this case, Golenia signed an employment agreement that included an arbitration clause and was given an employee handbook that described the arbitration provisions by Toyota. Golenia later sued his former employer, Bob Baker Toyota, for ADA violations that allegedly occurred during the course of his employment. The court found that Golenia was bound by the arbitration provision of the employment agreement despite his failure to read it before he signed it. The court also concluded that the agreement was not an adhesion contract because the arbitration clause applied to both the employer and the employee. Each gave up their rights to a court resolution and agreed to abide by the agreed upon provisions. The court further held that since the arbitration clause made clear that any disputes between the employer and the employee were to go though arbitration the arbitration clause did not need to specifically list statutes whose procedures will be waived in favor of arbitration. Contractual Construction Provisions calling for employment disputes to be resolved by arbitration are routinely Recently however, courts have made it more difficult to challenge the validity of mandatory arbitration clauses. In Brookwood v. Bank of America, a California appellate court found that an employee who stated in employment contracts and/or personnel and policy manuals. However, the organization should also take all necessary actions to give the employees sufficient notice that they have bound themselves to arbitration regarding any employment disputes. In Prudential Insurance Company of America v. Lai, the Ninth Circuit ruled that employees may not be forced to arbitrate sexual harassment and discrimination claims unless they knowingly waive their statutory remedies. The court stated that the arbitration agreements between Lai and Prudential Insurance Company of America did not refer to employment disputes. The agreements did not make clear that any dispute between the employee and employer must be submitted to arbitration. The court also rejected an argument that ADA claims require some higher form of waiver than other statutory claims. The court stated that the ADA encourages arbitration and other alternative means of dispute resolution. Following this trend, a leading arbitrator stated that it only accepts cases where the employment agreements include mandatory arbitration clauses if the agreement gives employees the right to: help choose the arbitrator, be represented by counsel, conduct some discovery, and recover damages that would be available in court. If the arbitration clause does not comply with these standards, the arbitrator does not accept the case unless both parties agree to comply with the standards. signed an agreement to arbitrate employment disputes must submit her discrimination claims to arbitration. As part of her employment with Bank of America, Brookwood signed an agreement that
3 Arbitration 3 required her to arbitrate employment disputes under National Association of Securities Dealers rules. She also signed a Uniform Application for Securities Industry Registration that required her to arbitrate employment disputes. Brookwood signed a separate employment agreement with the bank that did not include an arbitration clause. She sued the bank for wrongful termination based on sex discrimination. Although Bank of America was not a party to the two agreements opting for arbitration that Brookwood signed, a court ruled that she must arbitrate her claim. The court distinguished this case from Prudential Insurance Company of America v. Lai, where it permits an employee to rescind an agreement based on unilateral ignorance of a contract term. In the case of Brookwood, the court ruled that the arbitration clauses were broad enough the cover the discrimination claims. The court found that the bank s employment agreement, the registered representative agreement, and the Uniform Application for Securities Industry Registration form were in essence the same transaction and should be considered together. Similarly, in a case currently under review by the California Supreme Court, Clark v. Prudential Securities, Incorporated the Fourth Circuit attempted to extend the validity of mandatory arbitration agreements, holding that the mandatory arbitration clause in the contract had to be enforced unless the defendant maintained such a level of dominion and control over the plaintiff, that the plaintiff was prevented from reading the agreement. Therefore, in solidifying the arbitration provisions the employer should clearly acknowledge in words or effect that the employee is agreeing to arbitrate any and all disputes arising out of, or relating to, his or her employment, and that the employee is waiving the right to a jury trial. This provision may be separate from the employment offer or the policy manual, but should be signed or initialed by the employee. Often not thought of in the preparation of the arbitration clause is the subject of who should decide the arbitrability of a dispute. Contrary to common belief, the courts do not presume it to be the arbitrator. The United States Supreme Court on May 22, 1995 held in First Options of Chicago v. Kaplan that who decided arbitrability is a matter of what the parties agreed to. However, pursuant to the rule laid down in AT&T Technologies, Inc. v. Communications Workers, courts should not assume that the parties agreed to arbitrate arbitrability unless there is clear evidence in the contract stating so. In the issue of whether a dispute is arbitrable, as discussed previously, doubts should be resolved in favor of arbitration. On the contrary, if the issue of who decides arbitrability is to be the arbitrator, the courts tend to look at the agreement to see if it clearly states so. The arbitration provision may also include a condition to mediate first. Mediation, unlike arbitration, seeks to bring the parties together in an attempt to settle the dispute. There is no fact finding and there is no award. It gives the employee an opportunity to discuss his or her argument to a third party. It also gives both parties an independent view of the merits of their case which may lead to a quick settlement. In SEIU, Local 347 v. City of Los Angeles, a
4 Arbitration 4 California appellate court decided that a grievants right to premium pay under a Los Angeles City administrative code provision is subject to arbitration. The city refused to proceed with arbitration because it As in the Steelworkers Trilogy, The U.S. Supreme Court held that the defendant had to resolve doubts about the arbitration clause in favor of coverage. A mandatory arbitration provision is fairly easy to provide for new employees, but what about existing employees who were not confronted with the provision at the start of his or her employment? It is not always the best approach to negotiate with an employee his or her continued employment in the matter. However, an organization may wish to consider incentives such as additional paid leave, bonuses or such other incentives over and above continued employment, specifically tied to the employee s agreement to be bound by arbitration. Pitfalls While arbitration agreements are preferred among the courts and a positive alternative to using the court system, an employer should caution not to use the arbitration process to unfairly prejudice the rights of employees or curtail statutory remedies. The dispute may end up in court and the court may block the organization s right to arbitrate future disputes. An example of this situation is the case of EEOC v. River Oaks Imaging and Diagnostic. Here, the court terminated River Oaks arbitration program after finding that River Oaks arbitration policy was so biased in favor of the employer that it denied the employee his or her due process. Similarly, an arbitration policy should not contended that it was outside of the terms written in the Memorandum of Understanding agreement. attempt to deter an investigation of discrimination practices by the EEOC or other authorized agency. Employees can still file discrimination charges with the appropriate state or federal agencies which will not be barred by an agreement to arbitrate. In Graham Oil Company v. Arco Products, the Ninth Circuit held that arbitration clauses should not attempt to limit remedies provided under the relevant statute that forms the basis of the claim. Although not an employment case, the court struck an arbitration clause in a franchise agreement that deprived the arbitrator of the power to award punitive damages or attorneys fees both of which were provided for in the relevant statute. The Ninth Circuit stated that the plaintiff s consent to arbitrate does not mean that they may be forced by those with dominant economic power to surrender their statutory rights and benefits established by Congress. In finding that the arbitration clause involved not one but three illegal provisions, the court invalidated the entire arbitration agreement. Here, the court is clearing saying that arbitration clauses may not be used to circumvent, curtail or avoid statutory remedies. Two pending cases are testing arbitration agreements. In Duffield v. Robertson Stephens & Company, in the Northern District of California, the plaintiff contests mandatory arbitration claiming that it deprives her of her constitutional right to a
5 Arbitration 5 jury. And, in Burton v. Archer Management Services of the San Francisco Superior Court, the plaintiffs argue that their employment arbitration agreement is an unfair and unlawful business practice pursuant to the California Business and Professions Code Section (Unfair 1. Employment Law Trends in the 1990's by Epstein, Becker & Green, P.C. 2. Legal Trends 96 by Kay & Stevens 3. California Public Sector Labor Relations by Members of the Labor and Employment Law Section State Bar of California Competition) because it deprives them of punitive damages, limits their statutory remedies, modifies the limitation period and limits their discovery. References: Submitted By: Lani Ann Dorsey Administrative Analyst 5555 Arlington Avenue Riverside, CA (909) x306
Arbitration Provisions in Employment Contract May Be Under Fire
Labor and Employment Law Notes Arbitration Provisions in Employment Contract May Be Under Fire The United States Supreme Court recently heard oral argument in the case of Hall Street Associates, L.L.C.
More informationCOMPULSORY EMPLOYMENT ARBITRATION: PROS AND CONS FOR EMPLOYERS
COMPULSORY EMPLOYMENT ARBITRATION: PROS AND CONS FOR EMPLOYERS by Frank Cronin, Esq. Snell & Wilmer 1920 Main Street Suite 1200 Irvine, California 92614 949-253-2700 A rbitration of commercial disputes
More informationBy: Professor Jean R. Sternlight University of Nevada Las Vegas Boyd School of Law
The Ultimate Arbitration Update: Examining Recent Trends in Labor and Employment Arbitration in the Context of Broader Trends with Respect to Arbitration By: Professor Jean R. Sternlight University of
More informationLabor and Mandatory Arbitration Agreements: Background and Discussion
Cornell University ILR School DigitalCommons@ILR Federal Publications Key Workplace Documents May 2001 Labor and Mandatory Arbitration Agreements: Background and Discussion Jon O. Shimabukuro Congressional
More informationCHARLES (CHAD) E. REIS, IV
Insight IN-DEPTH DISCUSSION July 20, 2015 Missouri Courts Scrutinize Employment Arbitration Agreements BY CHARLES (CHAD) E. REIS, IV Two recent Missouri Supreme Court decisions demonstrate Missouri courts
More informationArbitration Agreements v. Wage and Hour Class Actions
Arbitration Agreements v. Wage and Hour Class Actions Brought to you by Winston & Strawn s Labor and Employment Practice Group 2013 Winston & Strawn LLP Today s elunch Presenters Monique Ngo-Bonnici Labor
More informationColeman & Horowitt, LLP CLIENT MEMORANDUM. Discussing Issues of Interest to our Clients COMMONLY ASKED QUESTIONS REGARDING COLLECTIONS
Coleman & Horowitt, LLP CLIENT MEMORANDUM Discussing Issues of Interest to our Clients 499 West Shaw Avenue, Suite 116, Fresno, California 93704 Phone: (559) 248-4820 Fax: (559) 248-4830 1880 Century Park
More informationGRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY
ADR FORM NO. 2 GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY 1. General Policy: THIS GRIEVANCE AND ARBITRATION PROCEDURE does
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Case :-cv-00-dgc Document Filed 0// Page of 0 0 WO Guy Pinto, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT USAA Insurance Agency Incorporated of Texas (FN), et al., Defendants. FOR THE DISTRICT OF
More informationEmployment. Compliance with Federal and State Employment Law. Employee/Employer Relations. Employment Litigation and Dispute Resolution
Employment RMKB offers a broad range of employment law services. As part of the high level expertise in employment-related legal services, RMKB offers both litigation and counseling services. Compliance
More informationI, Accept this proposal and make a payment of $ to confirm my commitment.
This Solar Home Improvement Agreement (this Agreement ) is between Golden Gate Green Finance dba Golden Gate Power, California General and Electrical Contractor license number 1002922 ( Golden Gate Power,
More informationAMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW 3 rd ANNUAL CLE CONFERENCE NOVEMBER 5, 2009 WASHINGTON, D.C. Pyett v.
AMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW 3 rd ANNUAL CLE CONFERENCE NOVEMBER 5, 2009 WASHINGTON, D.C. Pyett v. 14 Penn Plaza Kathleen Phair Barnard Schwerin Campbell Barnard Iglitzin
More informationWASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act.
Added by Chapter 241, Laws 2012. Effective date June 7, 2012. RCW 74.66.005 Short title. WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT This chapter may be known and cited as the medicaid fraud false
More informationFOR CODERS 102. Other Notes (if you have a note for ABF staff, write it below or on the back of this page) Very weak/flimsy case
DOCKET # cv (2-3 letter city code) EMPLOYMENT DISCRIMINATION PROJECT CODING FORM 1. Case name: 2. a) Judicial division and district: NDIL NDCA EDPA SDNY NDTX NDGA EDLA b) Case location: Federal Records
More informationMayers v. Volt Management (Cal. Ct. App.): FEHA/Arbitration.
March 14, 2012 Mayers v. Volt Management (Cal. Ct. App.): FEHA/Arbitration. Stephen Mayers filed a lawsuit against his former employer, Volt Management Corp., and its parent corporation, Volt Information
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER MEMORANDUM OPINION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER DAVID HARRIS, ) ) Plaintiff, ) ) v. ) No. 4:14-CV-0046 ) Phillips/Lee TD AMERITRADE, INC., ) ) Defendant. ) MEMORANDUM OPINION Defendant
More informationADR LITIGATION OPINION 43 TO AFFECT OUT OF STATE ATTORNEYS SEEKING TO APPEAR IN ALTERNATIVE DISPUTE PROCEEDINGS (ADR) IN NEW JERSEY
ADR LITIGATION April 2007 Attorney Advertising IN THIS ISSUE Opinion 43 To Affect Out of State Attorneys Seeking to Appear in Alternative Dispute Proceedings (ADR) in New Jersey David G. Tomeo, Esq. The
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv MOC-DSC
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv-00540-MOC-DSC LUANNA SCOTT, et al., ) ) Plaintiffs, ) ) Vs. ) ORDER ) FAMILY DOLLAR STORES, INC., )
More informationAlternative Dispute Resolution in the Employment Context
Alternative Dispute Resolution in the Employment Context By Joshua M. Javits Special to the national law journal During the last year and half, the legal environment surrounding the use of alternative
More informationREPRESENTATION AGREEMENT
REPRESENTATION AGREEMENT This Contingent Fee Agreement for the performance of legal services and payment of attorneys' fees (hereinafter referred to as the "Agreement") is between (hereinafter "Client")
More informationNo IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
NOTICE The text of this order may be changed or corrected prior t~ the time for filing of a Petition for Rehearing or the disposition of the same. FIFTH DIVISION July 24, 2009 No. IN THE APPELLATE COURT
More informationJURY WAIVERS AND ARBITRATION AGREEMENTS
JURY WAIVERS AND ARBITRATION AGREEMENTS David H. Peck Taft, Stettinius and Hollister, LLP 425 Walnut Street, Suite 1800 Cincinnati, Ohio 45202 (513) 357-9606 (513) 730-1534 (pager) peck@taftlaw.com JURY
More informationSUPREME COURT OF THE UNITED STATES
(Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus
More informationArbitration of Distribution and Franchise Disputes
Arbitration of Distribution and Franchise Disputes Gerald Saltarelli Abstract: Manufacturers and other sellers of goods and services reach their markets through a variety of means, including distributor
More informationUNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, SHANNON L. BROWN n/k/a SHANNON L. HAYES v.
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2202 September Term, 2015 SHANNON L. BROWN n/k/a SHANNON L. HAYES v. SANTANDER CONSUMER USA INC. t/a SANTANDER AUTO FINANCE Friedman, *Krauser,
More informationSUPREME COURT OF ALABAMA
REL:08/21/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Case :-cv-0-rsl Document 0 Filed 0// Page of 0 MONEY MAILER, LLC, v. WADE G. BREWER, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiff, Defendant. WADE G. BREWER, v. Counterclaim
More informationAttorneys for Plaintiff STEVE THOMA UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA STEVE THOMA
Case :-cv-000-bro-ajw Document Filed 0// Page of Page ID #: 0 CHRIS BAKER, State Bar No. cbaker@bakerlp.com MIKE CURTIS, State Bar No. mcurtis@bakerlp.com BAKER & SCHWARTZ, P.C. Montgomery Street, Suite
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KAREN MACKALL, v. Plaintiff, HEALTHSOURCE GLOBAL STAFFING, INC., Defendant. Case No. -cv-0-who ORDER DENYING MOTION TO COMPEL ARBITRATION Re:
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 YANA ZELKIND, Plaintiff, v. FLYWHEEL NETWORKS, INC., Defendant. Case No. -cv-0-who ORDER GRANTING MOTION TO COMPEL ARBITRATION AND STAY ACTION
More informationCommon law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.
Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 13-56657, 06/08/2016, ID: 10006069, DktEntry: 32-1, Page 1 of 11 (1 of 16) FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DEBORAH A. LYONS, Plaintiff-Appellant, v. MICHAEL &
More informationSOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY
SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY Southern Glazer s Arbitration Policy July - 2016 SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY A. STATEMENT
More informationIMPORTANT NOTICE REGARDING YOUR EMPLOYMENT WITH TA YOU MUST CAREFULLY READ THE ATTACHED MUTUAL AGREEMENT TO RESOLVE DISPUTES AND ARBITRATE CLAIMS.
IMPORTANT NOTICE REGARDING YOUR EMPLOYMENT WITH TA YOU MUST CAREFULLY READ THE ATTACHED MUTUAL AGREEMENT TO RESOLVE DISPUTES AND ARBITRATE CLAIMS. As a condition of your employment with TA, you are required
More informationMarc L. Silverman, for appellant. William H. Roth, for respondent Brady. At issue is whether petitioner met her burden of
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 AT&T Mobility v. Concepcion Avoiding
More informationCERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN B262029
Filed 9/16/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN SERGIO PEREZ, et al., Plaintiffs and Respondents, v. B262029 (Los Angeles
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! DRAFTING DISPUTE RESOLUTION CLAUSES
More informationNOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 17 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THOMAS ZABOROWSKI; VANESSA BALDINI; KIM DALE; NANCY PADDOCK; MARIA
More informationSupreme Court Finds the Discover Bank Rule Preempted by FAA
To read the decision in AT&T Mobility LLC v. Concepcion, please click here. Supreme Court Finds the Discover Bank Rule Preempted by FAA April 28, 2011 INTRODUCTION Yesterday, in AT&T Mobility LLC v. Concepcion,
More informationMandatory Arbitration of Employment- Related Claims (TN)
Resource ID: W-004-9402 Mandatory Arbitration of Employment- Related Claims (TN) PRACTICAL LAW LABOR & EMPLOYMENT AND PRACTICAL LAW ARBITRATION WITH ROBERT W. HORTON AND KIMBERLY S. VEIRS, BASS BERRY &
More informationSuperior Court of California Santa Cruz Civil Fee Schedule 1 Effective October 10, 2015
Superior Court of California Santa Cruz Civil Fee Schedule 1 Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil
More informationCOPYRIGHT 2009 THE LAW PROFESSOR
CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.
More informationRECENT DEVELOPMENTS IN MICHIGAN ARBITRATION, CASE EVALUATION, AND MEDIATION LAW
RECENT DEVELOPMENTS IN MICHIGAN ARBITRATION, CASE EVALUATION, AND MEDIATION LAW Lee Hornberger Arbitration and Mediation Office of Lee Hornberger I. INTRODUCTION This article reviews recent Michigan Supreme
More informationWILLIAM E. CORUM. Kansas City, MO office:
WILLIAM E. CORUM Partner Kansas City, MO office: 816.983.8139 email: william.corum@ Overview As a trial lawyer, Bill is sought out by national and global companies for his litigation strategy and direction.
More informationChapter 14: Alternative Dispute Resolution Internet Tip (textbook p. 686)
Chapter 14: Alternative Dispute Resolution Internet Tip (textbook p. 686) Equal Employment Opportunity Commission v. Waffle House, Inc. 534 U.S. 279 U.S. Supreme Court January 15, 2002 Justice Stevens
More informationJune s Notable Cases and Events in E-Discovery
JUNE 22, 2016 SIDLEY UPDATE June s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A Southern
More informationREMOVAL TO FEDERAL COURT. Seminar Presentation Rob Foos
REMOVAL TO FEDERAL COURT Seminar Presentation Rob Foos Attorney Strategy o The removal of cases from state to federal courts cannot be found in the Constitution of the United States; it is purely statutory
More informationPrintable Lesson Materials
Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two
More informationSuperior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2013 Code Section(s)
Superior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2013 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other
More informationSuperior Court of California Statewide Civil Fee Schedule 1 Effective July 1, 2018
Superior Court of California Statewide Civil Fee Schedule 1 Effective July 1, 2018 INITIAL FILING FEES IN CIVIL CASES Code Section(s) Total Fee Due Unlimited Civil Cases 1 Complaint or other first paper
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
Case 3:15-cv-05448-EDL Document 26 Filed 11/24/15 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION : : RICKY R. FRANKLIN, : : Plaintiff, : : v. : CIVIL
More informationQui Tam Claims - A Way to Pierce the Federal Policy on Arbitration?: A Comment on Sakkab v. Luxottica Retail North America, Inc.
Arbitration Law Review Volume 8 Yearbook on Arbitration and Mediation Article 12 5-1-2016 Qui Tam Claims - A Way to Pierce the Federal Policy on Arbitration?: A Comment on Sakkab v. Luxottica Retail North
More informationL E A R N I N G O B JE C T I V E S. 1. Explore the option of arbitration as an alternative dispute resolution (ADR) strategy.
4.3 Arbitration L E A R N I N G O B JE C T I V E S 1. Explore the option of arbitration as an alternative dispute resolution (ADR) strategy. 2. Explore contemporary issues of fairness in arbitration. 3.
More informationPART I Introduction to Civil Litigation for the Paralegal
PART I Introduction to Civil Litigation for the Paralegal CHAPTER 1 Litigation and the Paralegal KEY POINTS Civil Litigation in California State Courts is regulated by: California Code of Civil Procedure
More informationSuperior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2016
Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2016 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case
More informationStandards of Professional Courtesy and Civility for South Florida
Standards of Professional Courtesy and Civility for South Florida Preamble Attorneys are often retained to represent their clients in disputes or transactions. The practice of law is often an adversarial
More informationARBITRATION AN ALTERNATIVE APPROACH TO RESOLVING DISPUTES ARISING IN THE WORKPLACE
ARBITRATION AN ALTERNATIVE APPROACH TO RESOLVING DISPUTES ARISING IN THE WORKPLACE Provided by David J. Comeaux Ogletree, Deakins, Nash, Smoak & Stewart, LLC Hospitality Law H L C 2004 Conference When
More informationSuperior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective July 5, 2012
Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective July 5, 2012 Connie Mazzei Court Executive Officer Court Locations Salinas Courthouse Monterey Courthouse
More informationChicken or Egg: Applying the Age- Old Question to Class Waivers in Employee Arbitration Agreements
Chicken or Egg: Applying the Age- Old Question to Class Waivers in Employee Arbitration Agreements By Bonnie Burke, Lawrence & Bundy LLC and Christina Tellado, Reed Smith LLP Companies with employees across
More informationSuperior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2014 Code Section(s)
Superior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2014 Code INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint
More informationCase: 5:10-cv SL Doc #: 20 Filed: 07/15/11 1 of 8. PageID #: 626 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Case: 5:10-cv-02691-SL Doc #: 20 Filed: 07/15/11 1 of 8. PageID #: 626 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION HUGUES GREGO, et al., CASE NO. 5:10CV2691 PLAINTIFFS, JUDGE
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Case 5:17-cv-00411-R Document 17 Filed 06/20/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA OPTIMUM LABORATORY ) SERVICES LLC, an Oklahoma ) limited liability
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. [Complaint Filed 11/24/2010] [Alameda County Case No.
RANDALL CRANE (Cal. Bar No. 0) rcrane@cranelaw.com LEONARD EMMA (Cal. Bar No. ) lemma@cranelaw.com LAW OFFICE OF RANDALL CRANE 0 Grand Avenue, Suite 0 Oakland, California -0 Telephone: () -0 Facsimile:
More informationCase: 1:92-cv Document #: 929 Filed: 10/29/12 Page 1 of 5 PageID #:16507
Case: 1:92-cv-03409 Document #: 929 Filed: 10/29/12 Page 1 of 5 PageID #:16507 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COREY H., LATRICIA H., ANDREW B.,
More informationConsumer Class Action Waivers Post-Concepcion
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Consumer Class Action Waivers Post-Concepcion Law360,
More informationNABORS INDUSTRIES, INC. HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL
SUBJECT EMPLOYEE DISPUTE RESOLUTION PROGRAM SECTION MISCELLANEOUS NUMBER PAGE - 1 of 13 EFFECTIVE DATE - SUPERCEDES ISSUE January 1, 2002 DATED - May 1, 1998 1. Purpose and Construction The Program is
More informationNew York s Highest Court Sets Forth New Standard for Challenges to Cost-Sharing Provisions in Arbitration Agreements
New York s Highest Court Sets Forth New Standard for Challenges to Cost-Sharing Provisions in Arbitration Agreements April 26, 2010 New York s highest court recently decided a case of first impression
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JENNIFER L. LASTER; ANDREW THOMPSON; ELIZABETH VOORHIES, on behalf of themselves and all others similarly situated and on behalf of
More informationSuperior Court of California Statewide Civil Fee Schedule 1 Effective October 25, 2010
Superior Court of California Statewide Civil Fee Schedule 1 Effective October 25, 2010 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case
More informationThe Supreme Court Opens the Door to Mandatory Arbitration of Discrimination Claims for Union Members
A Timely Analysis of Legal Developments A S A P In This Issue: April 2009 On April 1, 2009, the U.S. Supreme Court in 14 Penn Plaza L.L.C. v. Pyett, held that a provision in a collective bargaining agreement
More informationMUTUAL AGREEMENT TO ARBITRATE CLAIMS Revised 4/5/2007
MUTUAL AGREEMENT TO ARBITRATE CLAIMS Revised 4/5/2007 Recognizing that differences may arise between The Marcus Corporation, any affiliated or related entities or corporations, and their representatives,
More information2012 U.S. Dist. LEXIS , * 1 of 3 DOCUMENTS. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. PROSPECT AIRPORT SERVICES, INC., Defendant.
Page 1 1 of 3 DOCUMENTS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. PROSPECT AIRPORT SERVICES, INC., Defendant. Case No. 2:05-CV-01125-KJD-RJJ UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
More informationSuperior Court of California Statewide Civil Fee Schedule 1 Effective June 27, 2012
Superior Court of California Statewide Civil Fee Schedule 1 Effective June 27, 2012 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case
More informationThe Expedited Seminar on Mandatory Expedited Jury Trials
The Expedited Seminar on Mandatory Expedited Jury Trials Friday, 4:00pm - 5:30pm - Program 5:30pm - 6:30pm - Reception The City Club of San Francisco San Francisco, CA Association of Defense Counsel of
More informationIN THE IOWA DISTRICT COURT FOR STORY COUNTY ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE IOWA DISTRICT COURT FOR STORY COUNTY LAURA SMARANDESCU, vs. Plaintiff, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, STEVEN LEATH, JONATHAN WICKERT, SRIDHAR RAMASWAMI, STEPHEN KIM, JOHN WONG,
More informationPAYMENT DEDUCTION AUTHORIZATION AND AGREEMENT
PAYMENT DEDUCTION AUTHORIZATION AND AGREEMENT By signing this Payment Deduction Authorization and Agreement (this Authorization ), (referred to herein as the Driver, I, me or my ) acknowledges, authorizes
More informationSuperior Court of California County of Stanislaus
Superior Court of California County of Stanislaus Statewide Civil Fee Schedule[1] Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other first paper in
More informationNOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED AUG 3 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FRANK VARELA, on behalf of himself and all other similarly situated,
More informationSTIPULATION OF SETTLEMENT
EXHIBIT 1 STIPULATION OF SETTLEMENT This Stipulation of Settlement ( Settlement Agreement ) is reached by and between Plaintiff Sonia Razon ( Plaintiff ), individually and on behalf of all members of the
More informationGENERAL MANAGER SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT
GENERAL MANAGER SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT This Second Amended and Restated Employment Agreement ( Agreement ), dated as of the 6 th day of March, 2018, is between Rosamond Community
More informationIllinois Supreme Court Endorses Enforcement of Arbitration Agreements
Illinois Supreme Court Endorses Enforcement of Arbitration Agreements Summary On March 23, 2006, the Illinois Supreme Court in Melena v. Anheuser-Busch, Inc. issued an important decision upholding the
More informationTHE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO
1 2 3 4 5 6 7 Coordination Proceeding: THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO FIDELITY NATIONAL HOME WARRANTY CASES JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4806 NOTICE OF
More informationSuperior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2012
Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2012 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 561 U. S. (2010) 1 SUPREME COURT OF THE UNITED STATES No. 08 1214 GRANITE ROCK COMPANY, PETITIONER v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT
More informationSuperior Courts of California
Superior Courts of California NOTICE OF NEW FEES Effective January 1, 2014 As a result of an amendment to California Rules of Court rule 8.130, a $50 fee shall be charged to parties who deposit funds with
More informationCERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Filed 3/7/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO ROBERTO BETANCOURT, Plaintiff and Respondent, E064326 v. PRUDENTIAL OVERALL
More informationColdwell Banker Residential Referral Network
Coldwell Banker Residential Referral Network INDEPENDENT CONTRACTOR AGREEMENT 1. PARTIES. The parties to this Agreement ( Agreement ) are ( Referral Associate ) and Coldwell Banker Residential Referral
More informationIN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT
More informationCLASS ACTION WAIVERS AND ENFORCEABLE ARBITRATION AGREEMENTS AFTER THE SUPREME COURT'S 2011 DECISION IN AT&T
Employment Law Alliance Helping Employers Worldwide AUDIO CONFERENCE ON CLASS ACTION WAIVERS AND ENFORCEABLE ARBITRATION AGREEMENTS AFTER THE SUPREME COURT'S 2011 DECISION IN AT&T MOBILITY V. CONCEPCION
More informationClient Alert. California Supreme Court: Gentry is Gone. PAGA Lives On.
Client Alert Employment July 8, 2014 California Supreme Court: Gentry is Gone. PAGA Lives On. By Paula M. Weber, Ellen Connelly Cohen and Erica N. Turcios Compelled by U.S. Supreme Court precedent advancing
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 16-41674 Document: 00514283638 Page: 1 Date Filed: 12/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ARCHER AND WHITE SALES, INC., United States Court of Appeals Fifth Circuit
More informationCase: 4:15-cv JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302
Case: 4:15-cv-01361-JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TIMOTHY H. JONES, Plaintiff, v. No. 4:15-cv-01361-JAR
More informationFederal Labor Laws. Paul K. Rainsberger, Director University of Missouri Labor Education Program Revised, April 2004
Federal Labor Laws Paul K. Rainsberger, Director University of Missouri Labor Education Program Revised, April 2004 XXXIV. Judicial Involvement in the Enforcement of Collective Bargaining Agreements A.
More informationv No Clinton Circuit Court DENNIS J. DUCHENE, II, ANN DUCHENE,
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S JOHN THOMAS MILLER and BG&M, INC., Plaintiffs-Appellants, UNPUBLISHED December 21, 2017 v No. 334731 Clinton Circuit Court DENNIS J. DUCHENE, II,
More informationSUGGESTED AMENDMENT SUPERIOR COURT CIVIL RULES (CR)
0 (a) Scope. This rule applies if a case schedule or court order requires mediation. On a party s motion for good cause or on its own initiative, the court may order any parties to mediate pursuant to
More informationSuperior Court of California
Superior Court of California Statewide Civil Fee Schedule 1 Effective January 01, 2016 INITIAL FILING FEES IN CIVIL CASES Code Section(s) Total Fee Due Unlimited Civil Cases 1 Complaint or other first
More informationArbitration Agreements and Class Action Waivers After AT&T. Mobility v. Concepcion
ASSOCIATION OF CORPORATE COUNSEL San Diego Chapter Arbitration Agreements and Class Action Waivers After AT&T PRESENTED BY Marie Burke Kenny Aaron T. Winn DATE June 16, 2011 Mobility v. Concepcion 2011
More informationEMPLOYMENT AGREEMENT FOR THE POSITION OF GENERAL MANAGER/CHIEF ENGINEER RECITALS OPERATIVE PROVISIONS
EMPLOYMENT AGREEMENT FOR THE POSITION OF GENERAL MANAGER/CHIEF ENGINEER This Employment Agreement (Agreement) is made and entered into this 21st day of March, 2017, by and between San Bernardino Valley
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE
Filed 04/27/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE CARLOS OLVERA et al., Plaintiffs and Respondents, v. B205343 (Los Angeles
More information