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Updated 8/20/2008 |
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Leading the News:
Related Claims Insufficient to Order Arbitration Absent Agreement
A New Jersey appeals court recently held that a party who signed an employment agreement and a stock purchase agreement on the same day with two different parties relating to the same project could not be required to arbitrate claims against the other party to the stock purchase agreement because that agreement lacked an arbitration clause.
Court Rules Military Job Discrimination Law Does Not Bar Arbitration
The U.S. Court of Appeals for the Sixth Circuit has ruled that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit the use of mandatory arbitration to resolve employment discrimination disputes based on military service.
Discover Bank’s Brief Filed on FAA Federal Question Jurisdiction
The respondent in a case pending before the U.S. Supreme Court has filed a brief on the merits arguing in favor of allowing district courts to "look through" to the underlying claims to be arbitrated when determining whether they have "federal question jurisdiction" to hear a motion to compel arbitration under the Federal Arbitration Act (FAA).
FINRA Launches Arbitration Process for Auction Rate Securities Cases
The Financial Industry Regulatory Authority (FINRA) has established a special arbitration process for resolving claims arising out of the sale of long-term debt instruments with a short-term interest rate set by auction known as "auction rate securities."
Court Rules Party Waived Arbitration by Lengthy Litigation Activity
A federal appeals court recently ruled in a summary order that a party's engagement in vigorous litigation activity in court and before the United States International Trade Commission (ITC) constituted a waiver of its right to arbitrate.
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