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Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").
Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States on how two federal laws, the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA), relate to whether employment contracts can legally bar employees from collective arbitration.
In Campbell v.General Dynamics Gov't Sys. Corp., 407 F.3d 546 (1st Cir. 2005), [1] the First Circuit had to consider the enforceability of a mandatory arbitration agreement, contained in a dispute resolution policy linked to an e-mailed company-wide announcement, insofar as it applies to employment discrimination claims brought under the Americans with Disabilities Act.
In 1975 Moses H. Cone Memorial Hospital in Greensboro, North Carolina, contracted with Mercury to build a new wing.The contract, drafted by the hospital's attorneys, vested most dispute resolution authority, relating to aesthetic matters, in the project's architect, J.N. Pease Associates of Charlotte, with the opportunity to go to arbitration if the architect did not rule on the dispute within ...
AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. [1] [2] On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of ...
Case history; Prior: Defendant's motion for stay to compel arbitration granted in district court; affirmed on appeal by Second Circuit; certiorari granted: Holding; Challenge to enforceability of contract must be decided by arbitrator when contract has arbitration clause unless challenge is to clause itself.
An arbitration board has ruled that U.S. Steel may proceed with its proposed acquisition by Nippon Steel, a deal that faces strong opposition from its workforce. The board, which was jointly ...
Federal Arbitration Act Southwest Airlines Co. v. Saxon , 596 U.S. ___ (2022), [ 1 ] was a United States Supreme Court case related to the scope of the Federal Arbitration Act , in which the Court unanimously held that cargo loaders and ramp supervisors employed at airports are exempt from the Federal Arbitration Act.