Tag: Arbitration

December 5, 2023
An arbitrator has found “just cause” for a nurse’s termination after she violated her employer’s social media policy by making offensive Facebook comments regarding demonstrations over the murder of George Floyd.
June 15, 2023
Looking for a faster and more collaborative way to resolve conflicts? Look no further than Alternative Dispute Resolution (ADR)! In today's legal landscape, ADR has gained immense popularity as a method for resolving disputes outside of traditional court proceedings. Whether through arbitration or mediation, ADR offers parties involved in a conflict the chance to reach a mutually satisfactory resolution.
May 2, 2023
This year, in Basith v. Lithia Motors, Inc. (“Basith”) and Fuentes v. Empire Nissan, Inc. (“Fuentes”), the Second Appellate District of the California Court of Appeal (the “Court”) set forth the difference between procedural and substantive unconscionability as the basis for invalidating arbitration agreements. Procedural unconscionability focuses on the fairness of the process leading to the formation of the agreements, while substantive unconscionability focuses on whether the terms of the agreements are so one-sided that it unfairly benefits one of the parties to the agreement. The cases affirm the long-standing rule in California that both procedural and substantive unconscionability must
February 16, 2023
Yesterday, February 15, 2023, the Ninth Circuit Court of Appeals struck down a California law, AB 51, that prohibited employers from requiring employees to sign an arbitration agreement as a condition of employment or continued employment. The Court ruled that a federal law—known as the Federal Arbitration Act (“FAA”) —preempts AB 51 because AB 51 “stands as an obstacle” to Congress’s “policy of encouraging arbitration.”