by Mark Travis | Nov 17, 2021 | Arbitration, FLSA
On November 15, 2021, in Morgan v. Sundance, Inc., the U.S. Supreme Court granted certiorari to decide whether the the proponent of a contractual waiver defense in arbitration must prove prejudice, and thereby violate the Supreme Court’s directive that lower courts...
by Mark Travis | Nov 15, 2021 | Arbitration, FLSA
In Reeves, et al. v. Enterprise Products Partners, LP (10th Cir., No. 20-5020, 11/09/2021), three employees were hired by staffing companies and assigned to work for Enterprise Products. The employees sued Enterprise claiming violations of the Fair Labor Standards...
by Mark Travis | Jul 6, 2021 | Arbitration
In Boykin v. Family Dollar Stores of Michigan (6th Cir., No. 20-1153, 07/01/21), Boykin filed an employment suit against Family Dollar Stores. Asserting that Boykin “e-signed” an arbitration contract covering his claims, Family Dollar moved to compel arbitration and...
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....
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...
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...