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Supreme Court Opinion in Morgan V. Sundance Eliminates 50-Year-Old Rule in Lower Federal Courts

In Morgan v. Sundance, the plaintiff, employed in a fast-food restaurant owned by the defendant for three months, worked overtime during her tenure there but was never paid the overtime wages. The employment agreement between both parties stated that if a dispute arises, arbitration must occur first before seeking a remedy via court proceedings.  When …

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Hot Topic VI: Supreme Court Argument Preview: Looking Ahead to Round 2 on Schein and Arbitrability

The original story can be found on: CPR Speaks Bennett Injury’s Richard Faulkner joins CPR to discuss the case’s second trip to the nation’s top Court in under two years.  In Henry Schein Inc. v. Archer and White Sales Inc., 139 S. Ct. 524 (Jan. 19, 2019) (available at https://bit.ly/338gdLT), the Court held that the “wholly groundless” exception to arbitrability is …

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HOT TOPIC V: Monster Energy Co. v. City Beverages, LLC

The original story can be found on: https://blog.cpradr.org/2020/06/29/monster-energy-and-evident-partiality/ Bennett Injury’s Richard Faulkner joins Alternatives to the High Cost of Litigation Editor Russ Bleemer and Philip J. Loree Jr., in New York,  to discuss the U.S. Supreme Court’s Monday denial in Monster Energy v. City Beverages LLC, a case involving the Federal Arbitration Act and arbitrator disclosure.   As a fellow of the …

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HOT TOPIC IV: US Supreme Court revisiting Schein

The original story can be found on: https://tinyurl.com/y8qqq6gk Bennett Injury’s Richard Faulkner joins Philip J. Loree Jr. in New York,  and Alternatives editor Russ Bleemer to discuss the arbitration issue the U.S. Supreme Court took on Monday in the Schein case, and the issues it declined to hear. As a fellow of the Chartered Institute of Arbitrators, Richard …

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Hot Topic Part III: California Supreme Court- OTO v. Kho

The original story can be found on: https://tinyurl.com/yawlcs4l Alternatives editor Russ Bleemer is joined once more by Richard Faulkner and Philip Loree Jr., this time about the Supreme Court recently declining to hear a California Supreme Court Case on arbitration and unconscionability, OTO LLC v. Kho. The U.S. Supreme Court this morning declined a certiorari …

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HOT TOPIC Part II: GE Energy v. Outokumpu Supreme Court decision

Arbitration experts Philip J. Loree of New York and Richard D. Faulkner in Dallas discuss Monday’s GE Energy v. Outokumpu unanimous U.S. Supreme Court decision with Alternatives’ editor Russ Bleemer. The CPR Institute’s CPR Speaks blog post on the case can be found here: https://bit.ly/2U1QrDs. The decision is available at https://bit.ly/2XogerH. Phil and Rick’s May and June …

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Hot Topic: Arbitration Issues Before the Supreme Court

In this latest Alternatives author video, Richard Faulkner of Dallas and frequent contributor Philip Loree Jr. discuss their May and June articles on the hot arbitration issue once again before the U.S. Supreme Court, delegation clauses–the deceptively tough question on whether a court or an arbitrator gets to decide whether a contract is subject to arbitration. As …

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Amtrak’s New Forced Arbitration Clause Makes Safety Less of a Corporate Priority

When someone gets injured, that person typically has an opportunity to get compensated by taking the responsible party to court. Amtrak’s forced arbitration clause could make litigation more difficult. Now more than ever, travelers may need help from experienced personal injury lawyers. What Is Forced Arbitration? Companies use forced arbitration clauses to prevent consumers, employees, and other …

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