Legal scholars are becoming more aware that actual trials in federal courts have decreased dramatically since the 1960’s. Suja Thomas discussed this trend in a recent speech at Seattle University to mark the 25th anniversary of the summary judgment trilogy. See Workplace Prof report. Prof. Thomas mentions a couple of developments leading to this
Reference to Arbitration Policy Found Not Binding
In a recent decision, the US Sixth Circuit Court of Appeals found that an arbitration policy referenced in an employee handbook was not binding on the employee. In Hergenreder v. Bickford Senior Living Group, LLC, No. 10-1474 (6th Cir. 6/8/2011), the employee was a nurse who suffered from cancer shortly after starting to work for
Texas Court of Appeals Overturns Arbitration Award
Arbitration is not popular with many people. Part of the problem with arbitration is a lack of accountability. There is no appeal from an award by an arbitrator. There is often a lack of information about the arbitrator. In a recent case, we see what goes on behind some arbitrations. The Fifth Court of Appeals
Study Shows Arbitration Favors Employers
Alex Colvin of Cornell University has published one of the first empirical studies of arbitration in the employment context. He looked at the reports submitted by the American Arbitration Association, one of the leading providers of arbitrations, in California. The study looked at 3,945 arbitrations, of which 1,213 were decided by an arbitration award. See
Arbitration Award Set Aside Due to Bias
Arbitration is becoming a way of life for consumers, employees and many others. Arbitration formerly was only used in the labor union context. Now, arbitration clauses are everywhere, even at one Whataburger front door. See my prior post.
Arbitration makes more sense for the labor union context, because arbitrators have incentive to remain
KBR Drops Petition for Cert in Jones Case
Halliburton/KBR has dropped its petition for certiorari to the US Supreme Court in the Jamie Leigh Jones case. See report. Ms. Jones is the lady who was raped in Iraq by KBR co-workers. She retutrned to the US to find that she had sgned an arbitration agreement which would have prevented most of
Binding Arbitration is Not So Binding When You are Bob Perry
No one supports frivolous lawsuits. But, few have done as much to stop supposed frivolous lawsuits as has Bob Perry. The huge home builder from Houston, Texas has donated tens of millions of dollars to political contests largely to oppose consumer lawsuits. He funded the SWIF boat for truth campaign against John Kerry. He helped
Arbitrations are not Popular with Everyone
Arbitration has been around forever for labor disputes. Unions and their employers have long relied on arbitration as a relatively inexpensive way to resolve disputes. In the labor context, the arbitration process is set up through a collective bargaining agreement. The arbitrator is picked by both sides from a list of some 10 ore more names.