by Mark Travis | Mar 7, 2025 | Arbitration
In Waetzig v. Halliburton Energy Services, Inc. (S.Ct. No. 23-971, 2/26/25), the U.S. Supreme Court unanimously held that voluntary dismissals under F.R.C.P. Rule 41(a) may constitute final orders under Rule 60(b), thus paving the way for previously dismissed claims...
by Mark Travis | Feb 21, 2025 | Arbitration
In Gavette v. United Wholesale Mortgage, LLC, 2025 WL 318224 (6th Cir., January 28, 2025), Gavette was terminated and filed suit alleging retaliation based on his request for an accommodation to care for his disabled wife. The employer, United Wholesale, moved to...
by Mark Travis | Sep 24, 2024 | Arbitration, Non-Competition Agreements
In Collier Engineering Co v. Martin (Tenn. Ct. App. M.S., No. M2022-01641-COA-R3-CV, Sept. 23, 2024), Collier Engineering sued Martin, a former employee, for breach of contract – specifically, an “Employee Confidentiality, Non-Compete, and Non-Solicitation Agreement”...
by Mark Travis | May 31, 2024 | Arbitration
Last week, in Coinbase, Inc. v. Suski, 144 S.Ct. 1186, 2024 WL 2333424 (May 23, 2024), the U.S. Supreme Court unanimously held that when there are two conflicting contracts between the parties – one that requires a court to address a question of arbitrability...
by Mark Travis | May 17, 2024 | Arbitration
In January, I reported about the U.S. Supreme Court granting certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al., 2024 WL 133822 (Jan. 12, 2024), in order resolve a split in the circuits as to whether, when presented with an agreement to arbitrate, a district...
by Mark Travis | Apr 20, 2024 | ADA, Arbitration
In Schwebke v. United Wholesale Mortgage LLC, 6th Cir., Nos. 23-1507/1551 (Mar. 27, 2024), the plaintiff brought suit in federal district court for disability discrimination under state and federal law. The defendant employer engaged in extensive discovery for seven...
