Articles

Individual arbitration is not an “unfair labor practice”

December 03, 2013 | By DEBORAH LA FETRA

In D.R. Horton v. Cuda, Michael Cuda filed a labor claim against his employer, homebuilder D.R. Horton, purporting to act as a representative for a class.  D.R. Horton required all employees to sign a mutual arbitration agreement, however, that precluded class claims in any arbitral or judicial forum.  The National Labor Relations Board, decided ...

Articles

President's weekly report — December 6, 2013

December 06, 2013 | By ROB RIVETT

Property Rights — Taking by Flooding Earlier this week, the Federal Circuit Court of Appeals issued its remand decision in Arkansas Game & Fish Commission v. United States, upholding the trial court’s conclusion that the Army Corps of Engineers took Arkansas Game & Fish’s property.  This was the case where the Supreme Cou ...

Articles

Half a loaf in California's latest arbitration decision

June 23, 2014 | By DEBORAH LA FETRA

After decades of anti-arbitration decisions reversed by the United States Supreme Court, the California Supreme Court today, in Iskanian v. CLS Transportation Los Angeles, LLC, bowed to the inevitable and acknowledged it could no longer place obstacles to the enforcement of employment contracts that require employees to arbitrate their workplace di ...