15 results for 'cat:"Arbitration" AND cat:"Civil Procedure" AND cat:"Employment"'.
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: arbitration, civil Procedure, employment
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, civil Procedure, employment Discrimination
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: arbitration, civil Procedure, employment
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: arbitration, civil Procedure, employment
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J. Tymkovich finds that the lower court improperly issued an order that reopened an employment case where an individual sued his employer with age discrimination claims after he was fired. The individual voluntarily dismissed his suit when his contract required him to arbitrate his claims, but when the arbitrator did not find in his favor, he moved to reopen his case. The lower court did not have the authority to grant this request because it was voluntarily dismissed without prejudice, and as a result, was not a final order. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: September 11, 2023, Case #: 22-1252, Categories: arbitration, civil Procedure, employment
J. Park finds that the district court improperly confirmed an arbitration award and unsealed its provisions in age discrimination claims because the confirmation request was rendered moot when IBM fully paid the award, and attaching the confidential award to the action under seal and seeking unsealing was a tactic meant to skirt the terms of the award. Reversed in part.
Court: 2nd Circuit, Judge: Park, Filed On: August 14, 2023, Case #: 22-1240-cv, Categories: arbitration, civil Procedure, employment Discrimination
J. Liu holds that an employee who is required to arbitrate his or her individual Attorneys General Act claims does not lose standing as an aggrieved employee to litigate Act claims in court for labor code violations experienced by other employees. The fact of the labor code violation itself confers standing, which does not evaporate by the enforcement of an arbitration provision that requires that the employee's individual claims be heard in a non-court forum. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: July 17, 2023, Case #: S274671, Categories: arbitration, civil Procedure, employment
J. Wiley finds that an employer forfeited its right to compel the arbitration of a wrongful termination claim when it failed to timely pay arbitration fees. And the arbitrator lacked the authority to to cure the employer's breach of the arbitration agreement or stop the employee from withdrawing from arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 28, 2023, Case #: B318880, Categories: arbitration, civil Procedure, employment