Where the owner of a Shoney’s restaurant produced evidence that an employee agreed to arbitrate her employment-related claims against the company, but she  submitted an affidavit in which she denied signing the agreement, a jury will decide if an agreement ...

Tagged with: Arbitration Judge Pamela Meade Sargent U.S. District Court - Western District

An employer said an employee agreed to arbitrate employment-related claims against the company, but the employee denied signing any such agreement. Now, a jury must decide if an agreement to arbitrate was reached. U.S. Magistrate Judge Pamela Meade Sargent of ...

Tagged with: Arbitration Employment Law Judge Pamela Meade Sargent U.S. District Court - Western District

Where the subcontract stated that “claims included in subparagraphs (A) or (B), above, shall be arbitrated,” it required arbitration of the covered claims. Although another provision states, “If arbitration is the forum agreed by all parties, it shall be conducted ...

Tagged with: Arbitration Judge Roderick C. Young U.S. District Court - Eastern District

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