Fourth Circuit Affirms Arbitrator’s Application of Res Judicata
In Constellium Rolled Products Ravenswood LLC v. United Steelworkers (4th Cir., No. 20-1759, 11/29/21), the employer Constellium sought to vacate an arbitrator’s award in favor of the union. In the underlying arbitration, the union had contested the employer’s...
Supreme Court Grants Cert on Arbitration Waiver Issue
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...
Tenth Circuit Compels Arbitration of Claims Against Non-Signatory Co-Employer
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...
Sixth Circuit Reverses Order Compelling 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...
Sixth Circuit Affirms Dismissal of Company’s Claims Outside CBA
In Adamo Demolition Company v. International Union of Operating Engineers (6th Cir., No. 20-1163, 07/02/2021), the Company sued the Union and its president for various tort claims arising out of a dispute over staffing one of the Company's projects. The trial court...
Sixth Circuit Affirms – and Reverses – Summary Judgment Decision of Tennessee Middle District
In Wyatt v. Nissan North America, (6th Cir., No. 20-5021, 05/28/21), Plaintiff Wyatt, a Project Manager for Nissan, appealed the decision of Judge Richardson of the Middle District of Tennessee, which had granted summary judgment as to Wyatt's various employment...