Weekly alternative dispute resolution and mediation law case summaries, from FindLaw.com.
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ADR
Digest for Week of February 8th, 2017

ADR Case Summaries

Contents:

Prime Healthcare Services v. United Nurses and Allied Professionals

February 3, 2017
ERISA, Labor & Employment Law, Dispute Resolution & Arbitration
(United States First Circuit) - In a dispute between employees and their successor employer, both of whom agreed to arbitrate, the district court's refusal to compel arbitration because it found that ERISA preempted arbitration of this dispute, which presented an issue of arbitrability properly decided by a judge, is reversed where the issue of ERISA preemption in this case is not an issue of arbitrability, but rather one that is squarely for the arbitrator to decide.
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Poublon v. C.H. Robinson Co.

February 3, 2017
Labor & Employment Law, Class Actions, Dispute Resolution & Arbitration
(United States Ninth Circuit) - In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) although the Incentive Bonus Agreement was an adhesion contract, it was not procedurally or substantively unconscionable under California law; and 2) the dispute resolution provision was valid and enforceable once the judicial carve-out was extirpated and the waiver of representative claims was limited to non-PAGA claims.
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Iraq Middle Market Dev. v. Harmoosh

February 2, 2017
Dispute Resolution & Arbitration, Judgement Enforcement, International Law
(United States Fourth Circuit) - In a case in which a creditor secured a judgment securing in Iraq for non-payment of a promissory note and sought to have a recognized in federal district court, the district court's judgment that the judgment was not entitled to recognition given that the parties had agreed to arbitrate their disputes, is vacated where genuine issues of material fact remain as to whether the debtor lost his right to arbitrate by utilizing the Iraqi judicial process.
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