Appellate Law

Fourth DCA Holds A Stay is NOT Required While A Motion to Compel Arbitration is on Appeal
Sometimes technicalities can override common sense. Such may be the case in Open MRI of Okeechobee, LLC, Andrew S. Galant, Andrew T. Walker and Henry R. Zayas v. Peter Aldana, Iqbal Ahmed, and John Chang...

'>Recent Fourth Circuit opinion on FLSA "opt-in" classes: Long John Silver's Restaurants, Inc. v. Cole
In Long John Silver's Restaurants, Inc. v. Cole, ___ F.3d ___ (4th Cir. Jan. 28, 2008), the defendant's arbitration agreement, which all employees had to sign, said that the American Arbitration Association's commercial arbitration rules would apply to any dispute...

Arbitration news roundup
Last week was quite a week for arbitration. Here was all the arbitration news that popped up here on Caveat Emptor: Mandatory binding arbitration sucks (say 81% of Americans). Taking a look at the U...

Binding Labor Arbitration Different Than Other Forms of ADR
Last week, the Times-Herald ran an article, Nearly 10,000 signed petition to end binding arbitration, on an effort by Vallejo residents to end the use of arbitration for disputes involving the city and its unionized employees...

Second Circuit Orders Panel to Clarify Award in Worldcom Arbitration
In Rich v. Spartis (2d Cir. Feb. 8, 2008), the Second Circuit affirmed the district court's vacatur of a securities arbitration award in favor of customers, but instructed the the district court to order the NASD panel that issued the...

Five Ways to Bind a Non-Signatory -- But Not The CEO of a Party
The Fourth District handed down a denial of arbitration in Mark J. Johnson v. Carl Pires, Everett Pires, Marc Miller and All Top Granite, Inc. This case is interesting as the court held that the CEO (Johnson) who signed the contract on behalf of his company was not individually bound to arbitrate...

Ellsworth School District
4.4% increase in salaries as part of contract settlement.

The Plainfield School District
$10,500 settlement resolves eminent domain dispute.

Locker Room Hazing
School district to pay $567,500 settlement in harassment lawsuit.

Teachers Paid
LA School District pays 8% interest to teachers for payroll problems.

Maintenance Worker
Knox County School District pays employee $24,000 harassment settlement.

False Abuse Accusations
Boothbay Harbor Central School District pays shop teacher $320,000 defamation settlement.