Fourth Circuit Denies Arbitration Under Employee Handbook Policy
In Coady, et al. v. Nationwide Motor Sales (4th Cir., No. 20-2302, 4/25/2022), a group of employees sued the former employer alleging fraudulent payment practices. The employer moved to compel arbitration, relying on arbitration agreement language contained in its...
Sixth Circuit Reverses SJ in ADA Accommodation Case
In King v. Steward Trumbull Memorial Hospital (6th Cir., No. 21-3445, 04/07/2022) King was terminated from her nursing position, and then sued for failure to accommodate her disability in violation of Ohio law. The trial court granted summary judgment for the...
Supreme Court Settles “Look Through” Jurisdictional Issue for Motions to Confirm or Vacate under FAA
In Badgerow v. Walters, No. 20-1143 (U.S. 3/31/22) the Supreme Court settled a circuit court split on the scope of federal court jurisdiction in motions to vacate or confirm arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (“FAA”). Contrary to...
11th Circuit Confirms Labor Arbitrator’s Award
In Warrior Met Coal Mining LLC v. United Mine Workers of America District 20 (11th Cir., No. 21-10523, 3/4/2022), the United States District Court for the Northern District of Alabama had vacated an arbitrator's award which reduced a discharge to a 60-day suspension....
Sixth Circuit Reverses SJ on ADA Accommodation Claim
In Blanchet v. Charter Communications, LLC, (6th Cir., No. 21-5073, 3/8/2022) the plaintiff was terminated from her employment despite receiving verbal approval of extended leave for the development of her postpartum depression. The plaintiff sued under the Americans...
Vacatur Burden for Manifest Disregard Alive and Well in 4th Circuit
In Warfield v. ICON Advisors, Inc., (4th Cir., No. 20-1690, 2/24/22), the Fourth Circuit Court of Appeals reversed the district court’s vacatur of an arbitration panel’s award, finding the defendant ICON had not established the panel’s award reflected manifest...