Tennessee Court of Appeals: No Enforceable Employment Contract in Handbook Equals No Arbitration
In Mankin Media Systems, Inc. v. Corder (Tenn. Ct. App., M.S., 6/30/22), the employer Mankin Media sued Corder, a former employee, alleging breach of contract and related claims arising from his departure from the company and potential competition with a new employer....
Analysis – Supreme Court Limits Federal Court Jurisdiction in Review of Arbitration Awards
In Badgerow v. Walters, 596 U.S. __, 142 S.Ct. 1310 (2022), the Supreme Court recently held that federal courts may not examine the underlying substance of an arbitration award in order to establish federal jurisdiction under Sections 9 and 10 of the Federal...
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....