Arbitration Clause
A recent district court decision offers a win for employers facing withdrawal liability arbitrations with multiemployer pension plans. The case, Nevada Resorts Ass’n–Int’l All. of Theatrical Stage Emps. and Moving Picture Mach. Operators of the U.S. and Canada Local 720 Pension Trust v. JB Viva Vegas, L.P. (D. Nev. Mar. 29, 2024), throws a wrench…
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Our June 11th blog post broadly discussed arbitration and the upward trend of including mandatory arbitration clauses in agreements. This week, we analyze the pros and cons of arbitration to elucidate when arbitration clauses are useful and when they are potentially harmful. In arbitration, individuals and entities bring legal claims against one another outside…
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Chipotle is currently embroiled in a multi-year wage theft lawsuit. In 2014, approximately 10,000 current and former Chipotle employees filed a class action lawsuit alleging the company failed to compensate employees for work they performed “off the clock”. The employees further claim these off the clock hours are required by Chipotle to meet company-wide…
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(1) What Happened Equifax discovered a breach of personal and financial information on July 29, 2017. They hired security company Mandiant on August 2. The public wasn’t notified until September 9 when Equifax claims it finally understood the scope of the breach. Around 143 million Americans and in some cases, UK and Canadian residents,…
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In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the arbitration.[1] In Taggart v. Physicians Pharmacy Alliance, Inc., James Taggart sold his business, Physicians Pharmacy Alliance, Inc. (“PPA”), in…
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A recent decision by the United States Court of Appeals for the Fourth Circuit ruled that a North Carolina employee suing under federal and North Carolina law for wage and hour violations was not required to participate in arbitration despite an arbitration clause in her employee handbook.[1] The Fourth Circuit…
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A recent decision by the North Carolina Business Court (NCBC) re-affirmed long standing precedent that an arbitration award is customarily final and binding, even if it includes an error of fact or law.[1] In the most recent case, Killian/Simonini, LLC argued the arbitrator exceeded his authority by impermissibly including…
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