Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Federal Arbitration Act

As globalization intensifies, the business world gets smaller and smaller every day. An unintended result of local businesses buying and selling in international markets, or international businesses setting up shop in South Carolina, has been that the attorneys and law ...

Tagged with: Arbitration

The defendant-employer’s arbitration agreement expressly does not apply to Title VII claims “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims.” Despite the agreement’s failure to reference any particular “federal law,” defendant now ...

Tagged with: Arbitration

On the heels of the U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, a federal judge in South Carolina has ruled that employers can require employees to forfeit their rights to collective action claims in favor of ...

Tagged with: Arbitration

The defendant-employers contend that, during plaintiff Brumfield’s employment, they sent her a notification of an arbitration agreement, which informed her that it became binding if she continued her employment with them and chose not to opt out within 30 days. ...

Tagged with: Arbitration

When Microsoft announced in December that it was removing language from contracts signed by some of its employees that required them to pursue any sexual harassment claims against the company through binding arbitration rather than through the court system, it ...

Tagged with: Arbitration

Degidio v. Crazy Horse Saloon & Rest. Inc. (Lawyers Weekly No. 001-019-18, 16 pp.) (Wilkinson, J.) No. 17-1145, Jan. 18, 2018; DSC at Florence (Hendricks, J.) 4th Cir. Holding: An exotic dance club could not enforce arbitration agreements it obtained ...

Tagged with: Arbitration

  Farrow Road Dental Group, P.A. v. AT&T Corp. (Lawyers Weekly No. 002-154-17, 12 pp.) (Cameron McGowan Currie, S.J.) 3:17-cv-01615; D.S.C. Holding: The plaintiff-dental practice alleges that, when it switched phone carriers, defendant should have ported its numbers to the ...

Tagged with: Arbitration unported numbers

  Gibson v. Toyota Motor Sales, U.S.A., Inc. (Lawyers Weekly No. 002-148-17, 10 pp.) (Richard Mark Gergel, J.) 4:17-cv-00577; D.S.C. Holding: The original auto manufacturer’s warranty includes an arbitration clause; however, plaintiff brings her action under an “enhancement” to the ...

Tagged with: Arbitration auto warranty enhancement

  Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Co. (Lawyers Weekly No. 001-172-17, 18 pp.) (Wynn, J.) No. 16-1511, Aug. 11, 2017; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: The 4th Circuit upholds a ...

Tagged with: Arbitration workers' compensation insurance