Ross' Arbitration Blog
Labor and Employment Arbitration. By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - First in Employment Law.
Updated: 2 hours 7 min ago
SCOTUS: Arbitrator, not court, decides whether arbitration agreement is unconscionable (5-4)
The US Supreme Court decided Rent-A-Center West v. Jackson (US Supreme Ct 06/21/2010) this morning. When he was hired, Jackson signed an agreement to arbitrate all future disputes. That agreement provided: "The Arbitrator, and not any federal, state, or local...
Ross Runkel
Ross@LawMemo.Com
Unconscionability
AT&T Mobility LLC v. Concepcion: Cert granted
The US Supreme Court today granted certiorari in AT&T Mobility LLC v. Concepcion, which will test whether the Federal Arbitration Act preempts state unconscionability law. Plaintiffs brought a class action claim that a telephone company’s offer of a “free” phone...
Ross Runkel
Ross@LawMemo.Com
Unconscionability
Imposing class arbitration on parties who have not agreed to it violates Federal Arbitration Act (5-3)
The US Supreme Court has decided Stolt-Nielsen v. AnimalFeeds (US Supreme Ct 04/27/2010) The parties in this case are parties to an international maritime contract that contains an arbitration clause. The contracts are silent as to whether arbitration is permissible...
Ross Runkel
Ross@LawMemo.Com
Procedures
Rent-A-Center West v. Jackson: Details and briefs
On Monday, April 26, the US Supreme Court will hear oral arguments in Rent-A-Center West v. Jackson. Here is the question presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the...
Ross Runkel
Ross@LawMemo.Com
Arbitrable claims
Case-by-case determination of ability to pay arbitration fees and costs
Brady v. The Williams Capital Group (New York 03/25/2010) Brady brought an Article 78 proceeding to compel the employer to pay the arbitrator's fee with respect to her Title VII wrongful discharge claim based on sex and race discrimination. The...
Ross Runkel
Ross@LawMemo.Com
Unconscionability