Articles
Another court cries foul on D. R. Horton
Despite the Supreme Court’s pronouncement that “contract is a matter of consent, not coercion,” and accordingly, contracts must be enforced according to their terms, many courts across the country still show an unwillingness to enforce contracts that contain class action waivers or arbitration provisions. One of the biggest assa ...
Articles
Washington Supreme Court affirms it doesn’t like arbitration clauses
Today the Washington Supreme Court issued an opinion in Hill v. Garda, which, unsurprisingly, demonstrated the lasting contempt among courts for arbitration agreements. In Hill, a group of Garda employees brought a lawsuit against Garda for purported wage and hour violations. Garda asked the district court to compel arbitration pursuant to an a ...
Articles
FAA largely scraps merit-based testing for air traffic controllers
PLF friend Hans Bader reports on some awfully disturbing news out of the Federal Aviation Administration. It seems the FAA has scrapped merit-based testing for air traffic controllers in lieu of diversity-based screening. For one FAA manager feeling the pressure to promote diversity, even a dumbed-down test apparently wasn’t enough: to ...