Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: Arbitration

Dispute over trust agreement’s coverage isn’t arbitrable (access required)

Where parties to a trust agreement disputed which employers were covered by the agreements, neither the statute nor the trust agreement required the dispute to be arbitrated. Background Under the Labor Management Relations Act, unions and management can enter into ...

Read More »

Arbitration panel sides with claimant in securities action case — $794,432 verdict (access required)

Type of action: FINRA securities action/unsuitable investment/churning Injuries alleged: Economic losses of approximately $400,000 Name of case: Haley v. WestPark Capital Court: Financial Industry Regulatory Authority (FINRA) Case no.: 20-00320 Tried before: FINRA arbitration panel Name of judge or mediator: ...

Read More »

Arbitrator to decide the preclusive effect of prior court judgment (access required)

Where there is no agreement to the contrary, an arbitrator, and not the court, decides the preclusive effect of a prior court judgment. Background The crux of this case is the court’s standard for reviewing arbitration awards. The district court ...

Read More »

Jury to decide if employee agreed to arbitration (access required)

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 ...

Read More »

Jury will decide if employee agreed to arbitration (access required)

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 ...

Read More »

Miller Act payment dispute must be arbitrated (access required)

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 ...

Read More »

Parties challenging arbitration don’t get hearing (access required)

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 ...

Read More »