Keep updated on the most recent cases and latest developments in Alternative Dispute Resolution. What’s new this April? Find out here.
Arbitration – Arbitration Clause in Employee Handbook Not Enforceable. The plaintiff brought suit alleging that her employer, its owner and her former supervisor interfered with her request for maternity leave under the Family and Medical Leave Act and retaliated against her by passing her over for promotion and demoting her to a part-time position. The defendants moved to compel arbitration pursuant to a provision in an employee handbook signed by the plaintiff. The Court denied the defendant’s motion on grounds that the arbitration agreement in the handbook is unenforceable. Read more.
Arbitration – Dispute over Condominium Stairs Requires Arbitration Under Trust Document. In a case where the owners of the units in a two-unit condominium have been engaged in a dispute over the stairs leading to the front doors of the units, the Court ruled that the defendant’s motion to compel arbitration should be allowed based on the terms of the condominium trust and the commonwealth’s public policy favoring arbitration of disputes. Read more.
Arbitration – Counsel Fees Allowed in FINRA Case. In a case where the parties agreed to abide by any arbitration award rendered, the Court ruled that the arbitrators were acting within the Financial Industry Regulatory Authority (FINRA) guidelines by awarding counsel fees. Read more.
Arbitration – Award in Employment Dispute Upheld. In 2010, the plaintiff employer was awarded damages due to the defendant employee’s breach of a non-competition clause. In 2012, the defendant was awarded damages pursuant to an unlawful retaliation lawsuit. The defendant then sought to vacate the 2010 arbitration award given the findings in the 2012 lawsuit, the defendant is unable to show that the 2010 award should be vacated under either 9 U.S.C. §10(a) or F.R.C.P. 60(b)(2). Read more.
Arbitration – Arbitration Clause Found Not Enforceable in Home Improvement Case. An Essex County Superior Court judge awarded summary judgment to the plaintiff homeowners in a dispute with the defendant home improvement contractor. The Court affirmed this judgment despite the defendant’s assertion that the dispute should be arbitrated in Worcester County. Read more.
Arbitration – Police Officer Reinstatement Does not Contravene Public Policy. Where a Superior Court judge confirmed an arbitrator’s decision to order the reinstatement of a police officer who had been terminated, the arbitration award did not contravene public policy, so the Superior Court judgment must be upheld. Read more.
Conciliation training guidelines modified 4:29 pm Thu, March 7, 2013. Trial Court Chief Justice Robert A. Mulligan has approved a change in the qualification training requirements for court-connected conciliators, as recommended by the Standing Committee on Dispute Resolution. Read more.