By Charles F. Forer | August 21, 2017
The Federal Arbitration Act (FAA) permits a court to vacate an arbitration award "where the award was procured by corruption, fraud or undue means," 9 U.S.C. Section 10(a)(1). The Pennsylvania Uniform Arbitration Act says pretty much the same thing—a court can vacate an arbitration award if "fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award."
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
The court did not abuse its discretion in enforcing the parties' settlement agreement reached in mediation, because the parties signed the document and took steps to effectuate the terms of the written agreement.
By P.J. D'Annunzio | August 16, 2017
A federal judge has ordered telecommunications giant Verizon to hash out a union dispute over disability benefits through arbitration.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Where a medical patient could not be relied upon to pay her expenses or authorize medical decisions for herself due to her condition, it would have been impossible for that patient to read, understand and execute an arbitration agreement knowingly. The court recommended affirmance of its order overruling defendants' preliminary objection and request for binding arbitration.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Plaintiffs failed to establish a final disposition from which they could take an appeal where the court granted defendants summary judgment on all but one count and transferred that remaining count for resolution through arbitration. The court recommended that plaintiffs' appeal be quashed or, alternatively, that its decision be affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding that there was no enforceable arbitration agreement between appellee and hospital because there was no blanket prohibition on the arbitration of whistleblower claims, a public forum was not necessary to preserve the deterrent function of that law and the broad language of the clause applied to all claims relating to or arising from the parties' contractual relationship, not just claims arising from an alleged breach of the agreement. Reversed.
By Abraham J. Gafni | July 24, 2017
Parties often favor arbitration because it usually brings an immediate end to the litigation as the arbitrator lacks the authority to reconsider the award by reason of the "functus officio" doctrine.
By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Trial court properly denied school district's petition to vacate an arbitration award reinstating school bus driver after she was terminated for testing positive for amphetamines during a random drug test because the arbitrator found that the drug ingestion was a single "misadventure" not likely to be repeated, there was no evidence that she was impaired and there was nothing in the CBA to limit arbitrator's authority to modify discipline Affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
Plaintiff was obligated to arbitrate arbitrability where her employment agreement contained a delegation provision which she did not challenge specifically and all the defendants, including non-signatories to the agreement, were covered under the arbitration agreement under agency theory. The court granted defendants' motion to compel arbitration.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
The School District of Philadelphia could not impose new, nonmandatory terms upon members of the teacher's union unilaterally, without engaging in prior bargaining under a collective bargaining agreement because an employer must maintain the status quo of an expired contract until a new contract has been negotiated. The court affirmed a trial court order denying the district's motion to set aside an award sustaining a union grievance.
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