Searching Content indexed under Arbitration & Dispute Resolution by Day Pitney LLP ordered by Published Date Descending.
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2019: The Beginning Of The End For Mandatory Arbitration?
The Federal Arbitration Act (FAA) provides that agreements to arbitrate claims are valid and enforceable.
United States
10 Apr 2019
New Jersey Becomes First State To Ban Employers From Using Arbitration, Nondisclosure And Confidential Settlement Agreements For All Claims Of Discrimination, Harassment Or Retaliation
The law also prohibits employers from requiring a prospective waiver of employee rights under the New Jersey Law Against Discrimination or any other statute or case law.
United States
29 Mar 2019
Reconciling The Limits Of Agency Law And The Reach Of The Federal Arbitration Act; Analyzing An Agent's Ability To Bind A Principal To Arbitration In The Nursing Home Setting
Rebecca Tunney co-authored an article, "Reconciling the Limits of Agency Law and the Reach of the Federal Arbitration Act," published by the Massachusetts Law Review.
United States
17 Sep 2018
Enforcing Arbitration Agreements In New Jersey
Arbitration can be an efficient and cost-effective method for resolving workplace disputes.
United States
3 Jul 2018
Supreme Court Upholds Class Waiver Provisions In Employee Arbitration Agreements
Arbitration generally provides a more speedy and less costly means of resolving disputes. However, those benefits can be lost when a party is confronted with an arbitration involving a class or collective proceeding.
United States
23 May 2018
Long-Awaited Decision Sets New Jersey Methodology For Municipal Affordable Housing Obligations
On March 8, Judge Mary Jacobson issued her long-awaited affordable housing decision in Mercer County on the methodology for calculating statewide and municipal affordable housing obligations.
United States
15 Mar 2018
EmblemHealth Agrees To Data Breach Settlement
The insurer must also improve its procedures for policyholder mailings and ensure that its workforce members are adequately trained.
United States
12 Mar 2018
White Collar Roundup - March 2018
Attorney General Jeff Sessions ordered the creation of a Cyber-Digital Task Force to "canvass the many ways the Department is combatting the global cyber threat" and to ...
United States
6 Mar 2018
Arbitration Agreement Between Homeowners And Builder Does Not Bind Homeowner Association
A homeowner association is not bound by an arbitration agreement between the developer and individual homeowners where the association asserts claims on its own behalf.
United States
28 Nov 2017
Nursing Homes File Lawsuit Against CMS Challenging Arbitration Limitations
In response to the new rule published by the Centers for Medicare & Medicaid Services (CMS) barring nursing homes that receive federal funds from requiring their residents to agree to pre-dispute binding arbitration as a condition of admission to a facility
United States
19 Oct 2016
FDA Settlement With Amarin Permits Off-Label Drug Promotion
On March 8, the U.S. Food and Drug Administration and Amarin Pharma, Inc. entered into a settlement agreement resolving litigation brought by Amarin against the FDA related to Amarin's off-label promotion of Vascepa®...
United States
21 Mar 2016
Supreme Court Short-Circuits Defense Strategy To Pick Off Class Rep
On January 20, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment does not render a plaintiff's action moot, no matter how good the terms of the offer.
United States
27 Jan 2016
NJ Assembly Committee Recommends Binding Arbitration For Out-of-Network Payment Disputes
The proposed legislation will also require the New Jersey Department of Banking and Insurance (DOBI) to publish on its website a list of arbitration decisions rendered during each calendar year.
United States
10 Dec 2015
NLRB Again Invalidates Arbitration Agreements
The Acevedo decision arises from a lawsuit filed by several employees of Amex Card Services Company (Amex), a subsidiary of American Express.
United States
17 Nov 2015
Court Validates Employee’s Electronic Acknowledgement Of Arbitration Agreement
In Ricci v. Sears Holding Corporation, the District of New Jersey held that an employee’s electronic acknowledgement of an employment arbitration agreement constituted valid acceptance of the terms of the arbitration policy.
United States
10 Apr 2015
Recent N.J. Supreme Court Decision Highlights Pitfalls Of Nonbinding Arbitration
In Vanderslice v. Stewart, No. 073362, 2015 N.J. LEXIS 54 (N.J. Jan. 29, 2015), the Supreme Court of New Jersey decided that a defendant could demand a trial de novo after a nonbinding arbitration award was entered against it, despite its failure to timely pay the required filing fee associated with the demand.
United States
23 Feb 2015
Fifth Circuit Rejects Labor Board’s D.R. Horton Decision
In 2006, D.R. Horton, Inc. ("D.R. Horton"), a homebuilder operating in over twenty states, began requiring all new and existing employees to sign a Mutual Arbitration Agreement (the "Agreement") as a condition of employment.
United States
9 Dec 2013
New Jersey Supreme Court Denies Arbitration To Employer Because of Delay
The New Jersey Supreme Court recently rejected an employer’s attempt to move a case to arbitration, finding that the employer delayed too long in bringing the issue to the court’s attention and had actively participated in the lawsuit.
United States
16 Aug 2013
Supreme Court’s Antitrust Holding Might Dispose Of Labor Board’s D.R. Horton Decision
D.R. Horton Inc. has added a new argument to its appeal of the divisive National Labor Relations Board holding that employers may not require employees to waive their rights to arbitrate their employment claims as a class action.
United States
11 Jul 2013
Third Circuit Court Of Appeals Upholds Arbitration Award In Death Benefits Case
In the recently issued opinion Langlais v. PennMont Benefits Services, Inc., the United States Court of Appeals for the Third Circuit held that a plan administrator’s failure to participate in an arbitration proceeding barred it from challenging the arbitrator’s decision in a federal court.
United States
8 Jul 2013
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