Searching Content indexed under Arbitration & Dispute Resolution by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Chicago Team Obtains Outstanding Settlement For Trucking Client In Wrongful Death Suit
Chicago Partners Timothy J. Young and Stephen R. Niemeyer obtained an outstanding settlement for a trucking client involved in a wrongful death accident occurring on Interstate 80 in Iowa.
United States
3 Apr 2019
New Jersey Employers Beware – Parts Of Your Employment Agreements May Now Be Unenforceable
New Jersey (March 21, 2019) - As of March 18, 2019, New Jersey employers may not include any provision in an employment contract that waives any substantive or procedural rights ...
United States
3 Apr 2019
New Prime v. Oliveira: Independent Contractor Truck Drivers Exempt From Arbitration Under The FAA
In an 8-0 opinion, the Supreme Court ruled that New Prime, a Springfield, Missouri-based interstate trucking company cannot force its drivers to settle disputes through arbitration.
United States
1 Apr 2019
Department Of Education Proposes Significant Changes To Title IX Regulations
The U.S. Department of Education has proposed new regulations that, if adopted, would significantly change the landscape of Title IX sexual misconduct investigations.
United States
5 Mar 2019
Supreme Court Holds Threshold Question Of Arbitrability Is One Of Contract And Valid Agreements To Submit Question To Arbitrator Will Be Enforced
Of note, the Court did not decide whether this particular arbitration clause constituted referral of the gateway question to the arbitrator.
United States
14 Jan 2019
Washington Employment Law 2018 Year In Review
Perhaps the single greatest change in the law for Washington employers was the enactment of not one, but two paid leave laws.
United States
28 Dec 2018
Professional Liability Newsletter - Holiday Edition, Fall 2018
Oh, the weather outside is frightful, But the fire is so delightful, And since we've no place to go, Let it snow, let it snow, let it snow!
United States
30 Nov 2018
New Cal. S. Ct. Opinion Finds Law Firm's Engagement Letter, Including Arbitration Provision, Unenforceable Because Of Undisclosed Conflict Of Interest, But Allows Quantum Meruit Recovery
Recently, the California Supreme Court issued an opinion, Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc. (August 30, 2018, S232946) __ Cal.5th __,...
United States
29 Nov 2018
Labor & Employment Law Client Alert - November 2018
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
United States
19 Nov 2018
New CA Court Of Appeal Opinion Re: Attorney Signing An Agreement "Approved As To Form And Content"
Does Signing "Approved As to Form and Content" Bind an Attorney to the Terms of a Settlement? New California Appellate Decision Holds "No."
United States
11 Sep 2018
Nielsen Contracting, Inc. V. Applied Underwriters, Inc.
In Nielsen Contracting, Inc. v. Applied Underwriters, Inc., 22 Cal. App. 5th 1096 (2018), the Fourth District Court of Appeal affirmed the trial court's denial of a motion ...
United States
14 Jun 2018
California Appellate Court Expands The Scope Of The California Private Attorneys General Act
Notwithstanding the recent limitations on class action lawsuits nationwide, California courts continue to expand the scope of representative actions brought under Private Attorneys General Act (PAGA).
United States
5 Jun 2018
U.S. Supreme Court Approves Use Of Class Action Waivers In Employment Arbitration Agreements
The enforceability of class action waivers in employment arbitration agreements is one of the most hotly contested wage and hour issues of this decade.
United States
23 May 2018
Washington Raises Mandatory Arbitration Limit To $100,000
Washington was a frontier state in the enactment of legislation in 1979 requiring mandatory arbitration (MAR) of a civil action having an amount in controversy of no more than $15,000 ...
United States
17 Apr 2018
Employment Law Changes Impacting Employee Handbooks
For any employer, one of the best tools to prevent needless litigation is an employee handbook.
United States
9 Nov 2017
Texas Appellate Court Advises If You Claim Under A Contract, You Are Subject To All Its Terms, Even Arbitration
This dispute arose out of Exxon's attempt to obtain coverage as an additional insured under the umbrella policy issued to one of its contractors for its exposure arising from the April 2013 Exxon refinery fire...
United States
21 Jul 2017
Laymon V. J. Rockcliff, Inc. – An Arbitration Clause Reminder
"California has a strong public policy in favor of arbitration," and therefore, courts generally enforce arbitration clauses unless it is clear that the language of the clause does not cover the asserted dispute.
United States
19 Jul 2017
SB 807 Will Allow More Texas Construction Disputes To Remain In Texas
On June 9, 2017, Texas Governor Greg Abbott signed SB 807 into law. In doing so, it will cause more litigation related to Texas construction projects to remain in Texas.
United States
11 Jul 2017
New Expedited Appeals Process Regarding Petitions To Compel Arbitration In Elder Abuses Cases Goes Into Effect July 1, 2017
The California Legislature has created a new class of highly expedited time frames for appeals from an order denying a petition to compel arbitration in cases involving a claim under the Elder...
United States
19 Jun 2017
California Supreme Court Forbids Arbitration Agreement Waiver To Seek Injunctive Relief
The California Supreme Court recently issued an opinion in McGill v. CitiBank, analyzing whether an arbitration provision is valid and enforceable insofar as it purports to waive the right to seek public injunctive relief in any forum.
United States
18 May 2017
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