In 2015, after the Teamsters filed a demand for arbitration, the Arbitrator sustained the Teamsters’ grievances and ordered UPS to cease and desist. In 2018, UPS violated the Arbitrator’s order. The Union ultimately obtained a monetary settlement for the violations by UPS. Thereafter, the Teamsters moved for confirmation of the order under Section 9 of … Read more
The Third Circuit affirmed the denial of a motion to compel arbitration, the defendant lenders permitted the plaintiff borrowers to raise disputes in arbitration only under tribal law, not federal or state law, and such a limitation constituted a prospective waiver of statutory rights. Thus, the arbitration agreement violated public policy and was therefore unenforceable.
The New Jersey Supreme Court held that when the Federal Arbitration Act’s exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.
The Superior Court refused to disrupt an award after nonjudicial arbitration in light of challenges to discovery, evidentiary and procedural rules.
A police officer was terminated for unauthorized use of a law enforcement database. He sought his position back, and pursuant to Act 111 — the Police and Firemen Collective Bargaining Act — he and his employer engaged in arbitration. The arbitrator awarded the officer his position back, finding that the officer was treated disparately. The … Read more
Plaintiffs, on behalf of a putative class, sued Defendants Payless and Avis for unauthorized charges. Defendants moved to compel Plaintiffs to arbitrate their claims. The Third Circuit Court affirmed, finding the District Court correctly denied the Defendants’ motions. Applying NJ law, the Court ruled that Plaintiffs did not consent to arbitration.
Two former employees of Milton Hershey School for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement and the district court denied that motion. On appeal, the 3rd Circuit found that the state-law claims were still subject to the Federal Arbitration Act and that, in the … Read more