The Supreme Court Weighs in on Arbitrability, But Questions Remain
1/31/19
By: Ted Peters As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., the Fifth Circuit concluded that the court, and not an arbitrator, had the power to decide the…
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision. The Supreme Court’s long-awaited decision resolves a circuit split on whether class or collective action waivers contained in employment arbitration agreements violate the National Labor Relations Act (NLRA).…
Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims arising from employment when determining whether a claim is covered by an arbitration agreement. In…
Drones Regulation Deadline Missed by FAA
10/2/15
By: Wayne Melnick In the recent past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. These included blogs on risk questions related to government drone usage how drones can be used to capture tough to obtain data, and North Dakota becoming the first state to…
Insurance Drones: Using Modern Technology to Capture Tough-to-Obtain Data
10/9/14
By: Wayne S. Melnick Last year, I blogged on the possible legal and insurance ramifications of law enforcement drone usage. The topic of drone-usage in the insurance world again came to the forefront of news when last week USAA asked the Federal Aviation Administration for permission to test drone aircraft for use in future claims…