In a decision issued on November 18, 2019, the federal Second Circuit Court of Appeals (based in New York) confirmed that under the right circumstances,...
In a case between Uber and a class of Uber drivers, the federal Third Circuit Court of Appeals clarified the parameters of the exemption under Section 1 of the...
In Disclosures in Arbitration: Lessons to Learn, Arbitrator Barry Winograd, current president of the NAA, comments on Honeycutt v. JP Morgan Chase, 25 CA 5th...
An arbitration panel may issue a clarification of its final award consistent with the common law doctrine of functus officio, a federal district court in...
The Federal Labor Relations Authority (FLRA) has exclusive jurisdiction to hear challenges to executive orders affecting collective bargaining in the federal...
In 2009, the Supreme Court determined that a union could waive bargaining protected by federal and state law and instead agree to have all statutory disputes...
In Lamps Plus v. Varela, decided by the Supreme Court on April 24, 2019, the five-member majority held that, under the Federal Arbitration Act, courts cannot...
Arbitrator Allen Ponak (Past President of the NAA) sent us notice of a recent decision by the Ontario Court of Appeals dealing with the use of arbitration...
On January 15, the U.S. Supreme Court issued its New Prime V. Oliveira decision. As we previously noted (see here), the Court held that only courts can...
In New Prime Inc. v. Oliveira (Docket No. 17-340), issued on January 15, 2019, the U.S. Supreme Court unanimously held that only courts can decide the question...