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arbitration

Sep 14, 2020

NJ Supreme Court: Arbitration Agreements Are Enforceable Even If They Do Not Designate an Arbitral Forum or Process for Choosing an Arbitration Mechanism or Setting

In a unanimous decision issued on September 11, 2020, the New Jersey Supreme Court held in Flanzman v. Jenny Craig, Inc., that an arbitration agreement does not need to designate an arbitral forum (such as AAA or JAMS) or describe the “process for selecting an arbitration mechanism or setting” to be enforceable. » Read More

Sep 15, 2015

More Arbitration Agreements

For those of you that know me, you know that I am not a big fan of mandatory arbitration agreements.  In my opinion, arbitration is not always a better option for employers when it comes to resolving employee disputes.  Among other things, limited discovery, the lack of a summary judgment procedure, and arbitrators’ propensity to “split the baby,” make me wary of mandatory arbitration agreements for all employees.  » Read More

Sep 14, 2015

PA Wage Payment and Collection Law Claims are Arbitrable

Employers are well aware that employment agreements with their employees provide a way to control how certain employment-related disputes are adjudicated.  A recent decision by Pennsylvania’s Superior Court illustrates that arbitration provisions in employment contracts can also apply to claims under the state Wage Payment and Collection Law (“WPCL”). » Read More

Sep 03, 2015

Upon Further Review the Decision of the NFL in Deflategate Is Overturned

As anyone who owns a television knows, the NFL suspended Super Bowl winning quarterback Tom Brady for the first four games of the NFL season for his involvement in the deflategate scandal.  The four-game suspension was imposed by the NFL disciplinary officer and affirmed by Commissioner Godell serving as the sole arbitrator pursuant to the CBA between the league and its players’ association. » Read More