Where there was no dispute over the existence of the agreement to arbitrate nor the making of the arbitration agreement, parties challenging an arbitration clause in their loan agreements were not entitled to an evidentiary hearing. Background Plaintiffs bring this ...

Tagged with: Arbitration Judge David J. Novak U.S. District Court - Eastern District

The right to a jury trial is a central feature of the U.S. Constitution. It is considered a fundamental principle of the American legal system. A jury of your peers is supposed to even the playing field when a David ...

Tagged with: Arbitration constitution jury trial legal system verdicts

An employer can enforce an arbitration clause in an employment contract that waives any appellate review, the 4th U.S. Circuit Court of Appeals has ruled in a matter of first impression. The April 8 decision allows employers to put clear ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration

Where a former auto dealership employee argued she first saw the arbitration agreement when it was attached to the company’s motion to compel arbitration over her sex bias, harassment and hostile work environment claims, and said she had no memory ...

Tagged with: Arbitration Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a collective bargaining agreement was silent on whether an employee’s failure to comply with the grievance procedure in a timely matter mandates dismissal of his claim, the arbitrator did not exceed her authority in resolving the issue. Background Tecnocap ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration

Where a truck driver claimed an arbitration agreement involved in resolving a dispute with his employer was unconscionable because it shortened all applicable statutes of limitation to one year, the limited time period was not unreasonably short, and the agreement ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge A. Marvin Quattlebaum Jr.

Where the district court did not consider extrinsic evidence submitted by a bank moving to dismiss/compel arbitration, believing that it could not do so on a motion to dismiss, that was error because a court is not limited to a ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Diana Gribbon Motz Judge Paul V. Niemeyer

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge G. Steven Agee

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge G. Steven Agee