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Arbitrability

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Jones v. Waffle House, Inc., No. 16-15574 (11th Cir. Aug. 7, 2017) [click for opinion] In this case, Plaintiff William Jones (“Jones”) applied for employment with a Waffle House restaurant in Orlando, Florida. Waffle House denied his application after it conducted a background check on him. Jones then sued Waffle House in the Middle District of Florida, asserting that Waffle House violated the Fair Credit Reporting Act because it failed to give him a copy…

As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment related disputes be resolved by means of individual, rather than collective, arbitration.  Employers that include class and collective action waivers in their arbitration agreements will soon learn, definitively, whether such provisions are lawful.On January 13, 2017, the United States Supreme Court granted certiorari in three cases to decide whether an agreement to submit workplace disputes to individual…

On January 31, 2017, the Fifth Circuit Court of Appeals authorized a court-appointed Receiver to avoid arbitration clauses contained in employment and employment-related agreements.[1] While, at first glance, the Court’s decision not to compel a non-signatory to arbitration appears unremarkable, in fact the decision reflects how far the Court was willing to go in order to protect a Receiver’s choice of a judicial forum. Background Allen Stanford, through a network of companies, operated a now-infamous…

In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to set aside an arbitration award on the grounds of alleged corruption and bribery.[i] This judgment is a helpful reminder of how English courts deal with attempts to have awards set aside on this basis. However, the state of the relevant underlying English common law in this area is such that it should be closely watched.Yet another oil…