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“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

by Mark Travis | Mar 22, 2021 | Arbitration

In Jones v. Michaels Stores, Inc., (5th Cir., No. 20-30428, 3/15/2021), Jones invoked arbitration with her employer after she was fired, alleging violations of the company handbook. The arbitrator dismissed her claim based on Jones’ status as an employee-at-will....
“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

No Appellate Jurisdiction for Review of Motion to Dismiss under FAA

by Mark Travis | Dec 30, 2020 | Arbitration

In United States ex rel. Paul Dorsa v. Miraca Life Sciences (6th Cir. , No. 20-5007, 12/30/2020), Paul Dorsa filed suit against Miraca Life Sciences, Inc., alleging unlawful retaliation under the False Claims Act, and the U.S. government intervened. Miraca sought to...
“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

Sixth Circuit Finds District Court Misapplied Diversity Jurisdiction under FAA

by Mark Travis | Dec 15, 2020 | Arbitration

In Hale v. Morgan Stanley Smith Barney, LLC (6th Cir., No. 20-3412, 12/15/2020), the Sixth Circuit reversed and remanded the district court’s dismissal of the plaintiff’s petition to vacate an arbitrator’s award. Hale had initiated arbitration...
Fifth Circuit Compels Arbitration Under Whistleblower Statute for Federal Contractors

Fifth Circuit Compels Arbitration Under Whistleblower Statute for Federal Contractors

by Mark Travis | Oct 5, 2020 | Arbitration, Retaliation and Whistle-Blowing

In Robertson v. Intratek Computer, Inc. (5th Cir., No. 19-50792, 10/2/2020), Robertson sued the employer for violating the whistleblower statute for federal contractors, 41 U.S.C. § 4712. The district court compelled arbitration and the Fifth Circuit affirmed....
Eleventh Circuit: No “Mulligan” in Review of $4M Arbitration Award

Eleventh Circuit: No “Mulligan” in Review of $4M Arbitration Award

by Mark Travis | Sep 19, 2020 | Arbitration

In Gherardi v. Citigroup Global Markets, Inc. (11th Cir., No. 18-18131, 9/17/2020), Gherardi, an investment advisor for Citigroup Global Markets (“Citi”) brought claims in arbitration against Citi for wrongful discharge. An arbitration panel awarded him...
D.C. Circuit Vacates FLRA Decision – Upholds Arbitration Award

D.C. Circuit Vacates FLRA Decision – Upholds Arbitration Award

by travisadmin | Aug 4, 2020 | Arbitration, Labor Law

In Weather Service Employees Ass’n v. Federal Labor Relations Authority (DC Cir., No 19-1163, 7/31/2020), the District of Columbia Circuit overruled a decision of the FLRA, for the second time in less than 60 days. In this case, the Weather Service Employees...
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Recent Posts

  • Sixth Circuit Rules Union Retiree Health Benefits Not Arbitrable
  • Sixth Circuit Holds FCA Retaliation Applies Post-Termination
  • “Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals
  • Off-Duty Conduct May Constitute Sexual Harassment – Tennessee Court of Appeals
  • “Hire Younger Tellers” – No Direct Evidence of Age Bias in Sixth Circuit

Travis ADR Services specializes in the resolution of workplace disputes in the private and public sectors across the Southeast and Midwest U.S.

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