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Arbitration and Mediation - Arbitration

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Arbitration and Mediation - Arbitration
No. 81-1203
103 S. Ct. 927 (1983) | Cited 7622 times
... JUSTICE BRENNAN delivered the opinion of the Court. This case, commenced as a petition for an order to compel arbitration under § 4 of the United States Arbitration Act of 1925 (Arbitration Act or Act), 9 U. S. C. § 4, presents the question whether, in light of the policies of the Act and of our ...
No. 84-1913
106 S. Ct. 1415 (1986) | Cited 3322 times
... JUSTICE WHITE delivered the opinion of the Court. The issue presented in this case is whether a court asked to order arbitration of a grievance filed under a collective-bargaining agreement must first determine that the parties intended to arbitrate the dispute, or whether that determination is ...
No. 94-560
514 U.S. 938 (1995) | Cited 2962 times
... On Writ of Certiorari to the United States Court of Appeals for the Third Circuit. In this case we consider two questions about how courts should review certain matters under the federal Arbitration Act, 9 U. S. C. Section(s) 1 et seq. (1988 ed. and Supp. V): (1) how a district court should review ...
No. 83-1708
105 S. Ct. 1238 (1985) | Cited 2025 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question presented is whether, when a complaint raises both federal securities claims and pendent state claims, a Federal District Court may deny a motion to compel arbitration of the state-law claims despite the parties' agreement to ...
No. 90-18
111 S. Ct. 1647 (1991) | Cited 1863 times
... JUSTICE WHITE delivered the opinion of the Court. The question presented in this case is whether a claim under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq., can be subjected to compulsory arbitration pursuant to an arbitration ...
No. 360
80 S. Ct. 1343 (1960) | Cited 1839 times
... Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE BRENNAN. This suit was brought by petitioner union in the District Court to compel arbitration of a "grievance" that petitioner, acting for one Sparks, a union member, had filed with the respondent, Sparks' employer. The ...
No. 211
77 S. Ct. 912 (1957) | Cited 1826 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. Petitioner-union entered into a collective bargaining agreement in 1953 with respondent-employer, the agreement to run one year and from year to year thereafter, unless terminated on specified notices. The agreement provided that there would ...
No. 343
87 S. Ct. 1801 (1967) | Cited 1785 times
... MR. JUSTICE FORTAS delivered the opinion of the Court. This case presents the question whether the federal court or an arbitrator is to resolve a claim of "fraud in      the inducement," under a contract governed by the United States Arbitration Act of 1925, 1 where there is no evidence that the ...
No. 87-259
108 S. Ct. 1877 (1988) | Cited 1410 times
... JUSTICE STEVENS delivered the opinion of the Court. In Illinois an employee who is discharged for filing a worker's compensation claim may recover compensatory and punitive damages from her employer. The question presented in this case is whether an employee covered by a collective-bargaining ...
No. 91
84 S. Ct. 909 (1964) | Cited 1325 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. This is an action by a union, pursuant to § 301 of the Labor Management Relations Act, 61 Stat. 136, 156, 29 U. S. C. § 185, to compel arbitration under a collective bargaining agreement. The major questions presented are (1) whether a ...
Docket No. 04-3260
462 F.3d 95 (2006) | Cited 1188 times
... Argued: May 19, 2005 Before: WINTER and KATZMANN, Circuit Judges, and MURTHA, 1 District Judge. Judit and Ernest Gottdiener, Ervin Tausky, and Suan Investments (collectively "the Investors") appeal from a grant of default judgment to D.H. Blair & Co., Inc. ("D.H. Blair") and Kenton E. Wood ...
No. 82-500
104 S. Ct. 852 (1984) | Cited 1164 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. This case presents the questions (a) whether the California Franchise Investment Law, which invalidates certain arbitration agreements covered by the Federal Arbitration Act, violates the Supremacy Clause and (b) whether arbitration under ...
No. 99-1235
531 U.S. 79 (2000) | Cited 1089 times
... On Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit In this case we first address whether an order compelling arbitration and dismissing a party's underlying claims is a "final decision with respect to an arbitration" within the meaning of §16 of the Federal ...
No. 86-44
107 S. Ct. 2332 (1987) | Cited 1066 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This case presents two questions regarding the enforceability of predispute arbitration agreements between brokerage firms and their customers. The first is whether a claim brought under § 10(b) of the Securities Exchange Act of 1934 (Exchange ...
No. 73-781
94 S. Ct. 2449 (1974) | Cited 1011 times
... MR. JUSTICE STEWART delivered the opinion of the Court. Alberto-Culver Co., the respondent, is an American company incorporated in Delaware with its principal office in Illinois. It manufactures and distributes toiletries and hair products in this country and abroad. During the 1960's ...
No. 43
85 S. Ct. 614 (1965) | Cited 931 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. Respondent Maddox brought suit in an Alabama state court against his employer, the Republic Steel Corporation, for severance pay amounting to $694.08, allegedly owed him under the terms of the collective bargaining      agreement existing ...
No. 99-1823
122 S.Ct. 754 (2002) | Cited 844 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Fourth Circuit The question presented is whether an agreement between an employer and an employee to arbitrate employment-related disputes bars the Equal Employment Opportunity Commission (EEOC) from ...
No. 445
88 S. Ct. 1235 (1968) | Cited 822 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. Petitioner filed a suit in a state court in Tennessee to enjoin respondent union and its members and associates from striking at petitioner's plant. The heart of the complaint was a "no-strike" clause in the collective bargaining agreement by ...
Nos. 89-5109, 89-5152
913 F.2d 544 (1990) | Cited 738 times
... GIBSON, Circuit Judge The Unions representing workers at John Morrell & Company's plant in Sioux Falls, South Dakota appeal a $24.6 million jury award entered against them in favor of Morrell. The jury found that the Unions had breached the no-strike clause of the parties' collective bargaining ...
No. 80-169
101 S. Ct. 1559 (1981) | Cited 663 times
... JUSTICE REHNQUIST delivered the opinion of the Court. We are called upon in this case to determine which state statute of limitations period should be borrowed and applied to an employee's action against his employer under § 301(a) of the Labor Management Relations Act, 1947, 61 Stat. 156, 29 U. ...
No. 99-15064
207 F.3d 1126 (2000) | Cited 553 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding Argued and Submitted February 7, 2000--San Francisco, California Opinion by Judge McKeown OPINION This case requires us to decide whether the ...
No. 07-3504
560 F.3d 156 (2009) | Cited 400 times
... PRECEDENTIAL Argued May 22, 2008 Before: SMITH, HARDIMAN and NYGAARD, Circuit Judges. OPINION OF THE COURT In this appeal we consider a question of first impression under Pennsylvania law: whether a shareholder/director may be compelled to arbitrate her civil rights claims pursuant to corporate ...
No. 02-60765
358 F.3d 337 (2004) | Cited 376 times
... PUBLISHED Engineered Handling Systems, Inc. ("EHS") appeals the district court's confirmation of an arbitration award. 1 EHS contends that the district court: (1) abused its discretion by denying EHS's motion to transfer; (2) reviewed the arbitration award under an improper vacatur standard; and ...
No. 95-21052, Summary Calendar
89 F.3d 252 (1996) | Cited 371 times
... Per Curiam: Earl and Barbara Webb appeal the district court's order denying their motion to remand this action to state court and granting Investacorp's motion to compel arbitration. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Investacorp, Inc., a Florida corporation, is a securities ...
No. 08-2924
584 F.3d 513 (2009) | Cited 362 times
... PRECEDENTIAL Argued June 2, 2009 BEFORE: MCKEE, HARDIMAN and GREENBERG, Circuit Judges. OPINION OF THE COURT I. INTRODUCTION............................................................ 7 II. BACKGROUND.............................................................. 7 A. Insurance, Reinsurance, ...
No. 80-1589
636 F.2d 51 (1980) | Cited 345 times
... Opinion OF THE COURT Par-Knit Mills, Inc. ("Par-Knit") appeals from an order of the district court staying federal court proceedings pending the completion of arbitration. The question presented on this appeal is whether the district court was correct in concluding that Par-Knit, as a matter of ...
No. 96-5123.
128 F.3d 1466 (1997) | Cited 341 times
... KRAVITCH, Senior Circuit Judge: Plaintiffs-appellants Aubie and Gwilda Baltin ("the Baltins") sought to vacate, modify, or correct an arbitration award by filing suit in the United States District Court for the Southern District of Florida. Defendant-appellee Alaron Trading Corporation ("ATC") ...
No. 01-30012
289 F.3d 373 (2002) | Cited 333 times
... Appeal from the United States District Court for the Middle District of Louisiana This is an appeal of an order compelling arbitration of a grievance filed pursuant to a collective bargaining agreement (CBA). Because we conclude that the CBA at issue does not require the defendant, ExxonMobil ...
No. 92-5281
982 F.2d 884 (1992) | Cited 330 times
... Opinion OF THE COURT GARTH, Circuit Judge : This appeal presents for our review the question of the effect to be given a clause in a collective bargaining agreement which reserved to the employer's discretion the right to demote and ultimately to discharge an employee who failed to perform ...
No. 00-2033
288 F.3d 878 (2002) | Cited 310 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2002 FED App. 0151P (6th Cir.) Argued: January 23, 2002 OPINION Appellants Richard and Kimberly Simons (the "Simonses") appeal the district court's decision compelling arbitration and enjoining ...
No. 04-1533
459 F.3d 1044 (2006) | Cited 306 times
... PUBLISH Before TACHA, Chief Judge, EBEL, and McCONNELL, Circuit Judges. 1mage Software, Inc. ("1mage") appeals the district court's decision compelling arbitration, in Ohio, of a dispute arising under a software licensing agreement. Before reaching the merits of this appeal, we must address two ...
No. 90-1105
961 F.2d 654 (1992) | Cited 297 times
... KANNE, Circuit Judge. The plaintiffs are former route drivers for the Hillfarm Dairy division of Jewel Food Stores ("Jewel") under the terms of a collective bargaining agreement between Jewel and Local 753, International Brotherhood of Teamsters ("Union"). In June 1984, Jewel contracted with an ...
No. 02-1295
539 U.S. 52 (2003) | Cited 254 times
... 539 U. S. ____ (2003) The question presented is whether the parties' debt-restructuring agreement is "a contract evidencing a transaction involving commerce" within the meaning of the Federal Arbitration Act (FAA). 9 U. S. C. §2. As we concluded in Allied-Bruce Terminix Cos. v. Dobson, 513 U. S. ...
No. 25209
271 F.2d 402 (1959) | Cited 241 times
... Before MEDINA, LUMBARD and BURGER, Circuit Judges. MEDINA, C. J.: Devonshire Fabrics, Inc. (Devonshire) appeals from an order denying its motion for a stay of proceedings pending arbitration pursuant to the United States Arbitration Act, 9 U.S.C. Section 3. Plaintiff in this action, Robert ...
No. 06-1463
128 S.Ct. 978 (2008) | Cited 240 times
... 552 U. S. ____ (2008) As this Court recognized in Southland Corp. v. Keating, 465 U. S. 1 (1984), the Federal Arbitration Act (FAA or Act), 9 U. S. C. §1 et seq. (2000 ed. and Supp. V), establishes a national policy favoring arbitration when the parties contract for that mode of dispute ...
No. 93-1215
7 F.3d 1110 (1993) | Cited 226 times
... Opinion OF THE COURT LEWIS, Circuit Judge. In this appeal, we revisit an issue which has commanded the attention of the Supreme Court and other courts of appeals since we last addressed it: whether claims of statutory violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § ...
No. 04-2252
429 F.3d 83 (2005) | Cited 223 times
... PUBLISHED Argued: September 19, 2005 Before TRAXLER, KING, and GREGORY, Circuit Judges. Affirmed by published opinion. Judge Gregory wrote the opinion, in which Judge Traxler and Judge King joined. OPINION Larry P. Wood commenced a lawsuit in West Virginia state court against his employer, ...
NOS. 03-1502 and 03-1592
369 F.3d 263 (2004) | Cited 221 times
... PRECEDENTIAL Argued December 10, 2003 OPINION OF THE COURT Bruno Lloyd appeals from an order of the District Court of the Virgin Islands compelling arbitration of his claims against Wyatt, V.I., Inc. ("Wyatt" or "Cross-Appellant") and HOVENSA, LLC ("HOVENSA"; collectively, "Appellees") pursuant ...
No. 99-56570
328 F.3d 1165 (2003) | Cited 217 times
... FOR PUBLICATION Argued and Submitted November 5, 2002--Pasadena, California OPINION This appeal arises from the district court's denial of defendant-appellant Circuit City Stores, Inc.'s (Circuit City) motion to compel arbitration. Circuit City moved to compel arbitration in response to the ...
No. 98-6699.
177 F.3d 942 (1999) | Cited 217 times
... MS Dealer Service Corporation ("MS Dealer") appeals from the dismissal of its petition to compel Sharon Franklin to participate in arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. We reverse. I. In May 1996 Sharon Franklin and Jim Burke Motors, Inc. ("Jim Burke") executed a ...
No. 81-1743
676 F.2d 270 (1982) | Cited 217 times
... In this appeal from the district court's order directing the parties to arbitrate their contract dispute, plaintiff-appellant maintains that the case was improvidently removed from state court and that the district court erroneously analyzed the arbitrability of the dispute. We note jurisdiction ...
No. 434
82 S. Ct. 1328 (1962) | Cited 214 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The question this case presents is whether § 301 of the Taft-Hartley Act, in giving federal courts jurisdiction of suits between employers and unions for breach of collective bargaining agreements, 1 impliedly repealed § 4 of the pre-existing ...
Nos. 89-55138, 89-55664
925 F.2d 1136 (1991) | Cited 213 times
... PREGERSON, Circuit Judge On March 31, 1988, plaintiffs filed an action against E.F. Hutton & Co. ("Hutton") alleging that, as a result of Hutton's wrongful conduct, plaintiffs lost over $8 million on their investment accounts. The district court granted Hutton's motion to compel arbitration of ...
Docket No. 97-7436
145 F.3d 85 (1998) | Cited 200 times
... August Term 1997 Argued March 12, 1998 A labor arbitration award in favor of the petitioner-appellee was confirmed by the district court (Sidney H. Stein, District Judge). On appeal, the respondent-appellant claims that the district court erred in ruling that the respondent was time-barred from ...
Docket Nos. 93-7112, 93-7114
4 F.3d 176 (1993) | Cited 197 times
... JACOBS, Circuit Judge : In October 1989, Julie Cotton, a small-scale investor, sued William Slone, a licensed stockbroker, claiming he mishandled her investment account. Cotton's complaint, brought in the United States District Court for the District of Connecticut (Cabranes, J.), alleges ...
No. 03-10484
362 F.3d 294 (2004) | Cited 188 times
... PUBLISHED Appellees Countrywide Credit Industries, Inc., Countrywide Home Loans, Inc., and Full Spectrum Lending, Inc. ("Countrywide") are in the business of selling and servicing consumer mortgage loans. Appellants Loy Carter, Geoff Burkhart, Heather Young, and Deborah Robinson ("Carter ...
Nos. 84-2467, 84-2509
781 F.2d 1393 (1986) | Cited 186 times
... HALL, Circuit Judge: Before: REINHARDT, BEEZER, and HALL, Circuit Judges. Plaintiffs-appellants, members of the International Association of Machinists District Lodge 115 ("plaintiffs"), appeal the district court's grant of summary judgment in favor of defendant-appellees International ...
No. 00-55768
298 F.3d 756 (2002) | Cited 183 times
... FOR PUBLICATION Argued and Submitted January 14, 2002--Pasadena, California As amended July 22, 2002 OPINION In 1986, United Computer Systems (UCS) signed a software licensing and development agreement with a company that later merged with its corporate parent, AT&T. This agreement contained a ...
No. 01-1407
290 F.3d 191 (2002) | Cited 182 times
... PUBLISHED Argued: December 4, 2001 Affirmed by published opinion. Judge Traxler wrote the majority opinion, in which Judge Motz joined. Judge Niemeyer wrote a dissenting opinion. OPINION Appellants Friedman's, Inc., American Bankers Insurance Company of Florida, and American Bankers Life ...
No. 180
83 S. Ct. 789 (1963) | Cited 177 times
... Petitioners are a union and six of its members employed by the respondent interstate motor freight common carrier. The present action was brought in the      United States District Court for the Western District of Kentucky, and jurisdiction was predicated on § 301 of the Labor Management ...
No. 91-7809
954 F.2d 794 (1992) | Cited 177 times
... FEINBERG, Circuit Judge: Local 32B-32J, Service Employees International Union, AFL-CIO (the Union), appeals from a July 1991 order of the United States District Court for the Eastern District of New York, Reena Raggi, J., vacating the damages portion of an arbitration award against Landy Michaels ...
No. 98-15992
279 F.3d 889 (2002) | Cited 174 times
... FOR PUBLICATION Argued and Submitted September 26, 2001--San Francisco, California OPINION The Supreme Court granted certiorari, reversed this court's prior decision, and remanded for proceedings in accordance with its opinion in Circuit City Stores, Inc. v. Adams, 121 S. Ct. 1302 (2001). Now ...
No. 76-1048
544 F.2d 1207 (1976) | Cited 172 times
... Before ADAMS, ROSENN and GARTH, Circuit Judges ROSENN, Circuit Judge This appeal prexents several important issues pertaining to the proper forum for the determination of an employer's claim for damages growing out of two separate work stoppages allegedly in violation of labor contracts. The work ...
No. 82-4718
736 F.2d 1371 (1984) | Cited 172 times
... REINHARDT, Circuit Judge: Ten locals of an international labor union filed a petition to compel arbitration of a dispute with an employer concerning the meaning and effect of a provision in their collective bargaining agreements. The disputed provision requires the employer to continue to make ...
Docket No. 92-9198
991 F.2d 42 (1993) | Cited 169 times
... LUMBARD, Circuit Judge : C.A. Reaseguradora Nacional De Venezuela ("RNV") appeals from an order entered on October 2, 1992 in the Southern District of New York, Haight, J., denying RNV's motion to stay this action pending arbitration and granting a motion to enjoin arbitration brought by ...
Docket Nos. 01-9038, 01-9352
322 F.3d 115 (2003) | Cited 162 times
... Argued: December 13, 2002 INJUNCTION VACATED. Appellant Triplefine International Corporation ("Triplefine") appeals from an order of the District Court for the Southern District of New York (Lawrence M. McKenna, Judge) dated October 17, 2001, enjoining it from claiming as contract damages in ...
Nos. 99-4099, 99-5897
317 F.3d 646 (2003) | Cited 159 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0033P (6th Cir.) Argued: March 20, 2002 MOORE, J., delivered the opinion of the court, in which MARTIN, C. J., DAUGHTREY, COLE, CLAY, and GILMAN, JJ., joined. BATCHELDER, J. (pp. 55-63), ...
No. 00-1206
80 S.W.3d 566 (2002) | Cited 157 times
... On Petition for Writ of Mandamus Argued on November 7, 2001 Chief Justice Phillips delivered the opinion of the Court in which Justice Hecht, Justice Enoch, Justice Owen, Justice Hankinson, Justice O'Neill, Justice Jefferson, and Justice Rodriguez joined. Justice Baker concurred in the Court's ...
No. 07-1383
513 F.3d 854 (2008) | Cited 153 times
... [PUBLISHED] Submitted: November 16, 2007 Before WOLLMAN and BENTON, Circuit Judges, and DOTY, 1 District Judge. Melody Rogers Miner ("Miner") sued her employer Local 373, International Brotherhood of Teamsters ("Local 373") for breach of a collective bargaining agreement ("CBA") and her union ...
No. 96-2341.
134 F.3d 1054 (1998) | Cited 153 times
... Avnet, Inc., appeals a district court ruling refusing to compel arbitration in a former employee's lawsuit alleging violations of Title VII and Florida law. We affirm. FACTS From September 23, 1992, until January 13, 1994, Ellen Sue Paladino worked for Avnet, Inc. (Avnet), as a Regional Technical ...
No. 00-35048
265 F.3d 931 (2001) | Cited 152 times
... FOR PUBLICATION Argued and Submitted July 19, 2001--Bozeman, Montana Opinion by Judge Thomas; Dissent by Judge Tashima OPINION In this appeal, we consider whether the Federal Arbitration Act preempts state law governing the unconscionability of adhesion contracts. Under the circumstances ...
No. 02-16754
368 F.3d 1053 (2004) | Cited 151 times
... FOR PUBLICATION Argued and Submitted December 2, 2003-San Francisco, California OPINION In this appeal, we consider the question, inter alia, of whether a corporation has standing to commence an action under 42 U.S.C. § 1981. We hold that if a corporation either suffers discrimination harm ...
Nos. 05-55739 & 05-56100
553 F.3d 1277 (2009) | Cited 147 times
... FOR PUBLICATION Before: Jerome Farris and Ronald M. Gould, Circuit Judges, and Kevin Thomas Duffy, 1 District Judge. OPINION On June 13, 1999, Comedy Club, Inc. and Al Copeland Investments, Inc. (collectively "CCI") executed a Trademark License Agreement ("Trademark Agreement") with Improv West ...
No. 02-1431, No. 02-1807
336 F.3d 311 (2003) | Cited 144 times
... PUBLISHED Argued: February 24, 2003 Affirmed by published opinion. Judge Traxler wrote the opinion, in which Judge Shedd and Senior Judge Beam joined. OPINION Appellants American Reliable Insurance Company, American Bankers Insurance Company of Florida, and Campbell Insurance Services, Inc. ...
No. 03-16560
436 F.3d 1098 (2006) | Cited 142 times
... FOR PUBLICATION OPINION Argued and Submitted October 18, 2005-San Francisco, California Before: Alex Kozinski and Ferdinand F. Fernandez, Circuit Judges, and Terry J. Hatter, Jr., 1 District Judge. OPINION We consider whether an ERISA-plan participant can be compelled to arbitrate an ERISA ...
Docket No. 02-7392
320 F.3d 362 (2003) | Cited 140 times
... Argued October 23, 2002 Affirmed. Plaintiff-appellant Opals on Ice Lingerie, Designs by Bernadette, Inc. (Opals) appeals from an order of the United States District Court for the Eastern District of New York, Glasser, J., granting summary judgment in favor of defendant-appellee Bodylines, Inc. ...
No. 90-8885
957 F.2d 851 (1992) | Cited 140 times
... BIRCH, Circuit Judge: This case construes the Federal Arbitration Act, 9 U.S.C. §§ 1-15 (1988) ("Act"). Relying upon the Act, Appellant Robinson-Humphrey Company, Inc. ("Robinson-Humphrey" or "company"), moved to compel the arbitration of Brenda Susan Chastain's securities claims against the ...
No. 04-14527
432 F.3d 1327 (2005) | Cited 140 times
... PUBLISH Before TJOFLAT and KRAVITCH, Circuit Judges, and MILLS 1 , District Judge. This is another arbitration dispute in which the parties are litigating whether or not they should be litigating. The familiar scenario is that the parties agree in writing to arbitrate any disputes between them, ...
No. 1420, Docket No. 91-7070
948 F.2d 117 (1991) | Cited 139 times
... MINER, Circuit Judge Respondent-appellant Roger Bendelac appeals from a judgment entered in the United States District Court for the Southern District of New York (Ward, J.) confirming a New York Stock Exchange arbitration award of compensatory and punitive damages in the total amount of ...
No. 01-16124
363 F.3d 1010 (2004) | Cited 136 times
... FOR PUBLICATION Argued March 12, 2003 Submitted November 4, 2003 San Francisco, California OPINION What happens when a party to an arbitration is unable to pay its pro-rata share of the arbitration fees? Background Premier Diabetic Services, Inc., is a Florida-based company that purchases ...
No. 85-2278
802 F.2d 1185 (1986) | Cited 136 times
... CANBY, Circuit Judge: Richard Letizia appeals the district court's dismissal of his action for fraud and violation of the securities laws against Prudential Bache Securities and its employees Peter Kwee and Melvin Selbst. In dismissing the complaint, the district court also granted Bache's motion ...
Nos. 73-1487, 74-1135
500 F.2d 921 (1974) | Cited 129 times
... HAYS, Circuit Judge. This is an appeal by two parties from a judgment of the district court confirming an arbitration award in a jurisdictional dispute among an employer and two unions over assignment of jobs in the employer's plant. Local 516, International Union, United Automobile, Aerospace and ...
No. 92-55902
42 F.3d 1299 (1994) | Cited 128 times
... SCHROEDER, Circuit Judge: This is an appeal from a district court order compelling arbitration, under the Federal Arbitration Act, of statutory sexual harassment and discrimination claims. The appellants filed their claims in state court, alleging that while employed by appellee Prudential ...
No. 84-7351 -- August Term, 1984
748 F.2d 79 (1984) | Cited 128 times
... Before: KAUFMAN and WINTER, Circuit Judges and WYZANSKI, Senior District Judge.*fn* KAUFMAN, Circuit Judge: In deciding this appeal, we are once again called upon to address the elusive standards under which an arbitrator's award may be vacated pursuant to Section 10 of the United States ...
No. 03-2009, 03-2308.
368 F.3d 269 (2004) | Cited 125 times
... Argued Dec. 9, 2003. IAP Worldwide Services VI, Inc. ("IAPVI"), IAP Worldwide Services, Inc. ("IAP"), Gene Ludlow, and Roy Varner (collectively, "Appellants") appeal from an order of the District Court of the Virgin Islands denying their motion to compel arbitration pursuant to the Federal ...
No. 98-1793
167 F.3d 361 (1999) | Cited 124 times
... Argued November 12, 1998 SBC Capital Markets, Inc. ("SBC") appeals from the district court's denial of its motion to dismiss and to compel arbitration of Mary Koveleskie's employment-related sexual discrimination claims under Title VII of the Civil Right Act of 1964 ("Title VII"), 42 U.S.C. ...
No. 93-2059
32 F.3d 143 (1994) | Cited 124 times
... Opinion WILKINSON, Circuit Judge: In this case, we are asked to overturn the results of a contractually-compelled arbitration. We decline to do so. Accepting the multiple attacks upon the arbitral process in this case would scuttle the spirit of deference that courts have always used in reviewing ...
NO. 04-1955
396 F.3d 237 (2005) | Cited 124 times
... PRECEDENTIAL Argued December 7, 2004 OPINION The Federal Arbitration Act codifies Congress' desire to uphold private arbitration agreements that produce prompt and fair dispute resolution without involving the courts. In furtherance of this interest, a court must scrupulously honor the bargains ...
No. 91-9153.
10 F.3d 753 (1993) | Cited 123 times
... MORGAN, Senior Circuit Judge: The appellant appeals the district court's order granting the appellees' motion to compel arbitration pursuant to the Federal Arbitration Act and the denial of appellant's subsequent motion to vacate the arbitration award. We must decide whether a nonsignatory to a ...
No. 01-60852
304 F.3d 469 (2002) | Cited 122 times
... John Brown sued CitiFinancial, Inc., and its affiliates ("Appellants"), in state court alleging breach of contract and related claims. Brown's contract with CitiFinancial contains an arbitration clause requiring arbitration of his claims. CitiFinancial filed a petition to compel arbitration of ...
Nos. 1052, 1394, Dockets 79-7200, 79-7440
605 F.2d 1290 (1979) | Cited 122 times
... These are consolidated appeals by Rochdale Village, Inc. ("Rochdale"), in two cases arising out of a labor dispute between Rochdale and Public Service Employees Union, Local No. 80, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (the "Union"). Following a ...
No. 94-1076
48 F.3d 576 (1995) | Cited 122 times
... LAGUEUX, District Judge. This matter is before the Court on appeal from a decision rendered by Judge Juan M. Perez-Gimenez in the United States District Court for the District of Puerto Rico. Applying Puerto Rico's res judicata doctrine, Judge Perez-Gimenez dismissed appellant Apparel Art ...
No. 89-56033
936 F.2d 435 (1991) | Cited 122 times
... RYMER, Circuit Judge Angela Schlacter-Jones was terminated by GTE California, Inc. because she tested positive for drugs. The terms and conditions of her employment were governed by a collective bargaining agreement between GTE and her union, the Communications Workers of America. She appeals the ...
No. 16571
397 F.2d 594 (1968) | Cited 120 times
... FREEDMAN, C. J.: The plaintiff union appeals from the district court's confirmation of an arbitration award. The arbitration decided a dispute concerning the number of men required for the safe and efficient operation of a new M.A.N. 1 stereotype plate-casting machine which defendant, Newark ...
Nos. 92-2170 & 92-2392
990 F.2d 957 (1993) | Cited 119 times
... BAUER, Chief Judge. National Wrecking Company ("National") brought suit against the International Brotherhood of Teamsters, Local 731 ("Union") pursuant to the Federal Arbitration Act, 9 U.S.C. § 10, challenging the validity of an arbitration award. The Union counterclaimed seeking enforcement of ...
No. 05-1653
458 F.3d 172 (2006) | Cited 118 times
... PRECEDENTIAL Argued on January 13, 2006 Before: SCIRICA 1 , FUENTES and ROTH 2 , Circuit Judges. OPINION OF THE COURT We review here two orders by the District Court of New Jersey. In the first, the District Court granted Telkom SA Ltd.'s motion to dismiss Telcordia Technologies Inc.'s petition ...
No. 01-2149
290 F.3d 631 (2002) | Cited 118 times
... PUBLISHED Argued: February 26, 2002 Vacated and remanded by published opinion. Senior Judge Hamilton wrote the opinion, in which Judge Niemeyer and Judge Jackson joined. OPINION In this interlocutory appeal, Elite Financial Services, Inc. (Elite) challenges the district court's denial of its ...
NO. 03-60356
367 F.3d 426 (2004) | Cited 117 times
... PUBLISHED This appeal arises out of an automobile lease gone bad. In the fall of 2000, Edith Hill leased a 2000 Ford Explorer from the East Ford dealership located in Jackson, Mississippi. About one year later, Banc One Acceptance Corporation, the finance company, repossessed the Explorer, even ...
Nos. 05-56235 & 05-56312
563 F.3d 907 (2009) | Cited 117 times
... FOR PUBLICATION Argued May 10, 2007 Submitted April 15, 2009 Pasadena, California. Before: Barry G. Silverman, Kim McLane Wardlaw, and Jay S. Bybee, Circuit Judges. OPINION An arbitration panel in Los Angeles awarded Park Place Associates, Ltd. $93,612,892 against the United States, after a ...
Nos. 711, 799, Dockets 79-7785, 79-7805
621 F.2d 519 (1980) | Cited 117 times
... Respondents A & S Transportation Co. (A & S) and Modern Transportation Co. (Modern), two affiliated transporters of sludge, appeal from an order entered in the United States District Court for the Southern District of New York, Milton Pollack, J., that compelled them to arbitrate a contract dispute ...
Docket No. 01-7622
293 F.3d 563 (2002) | Cited 115 times
... Argued: March 8, 2002 Stuart L. Bell appeals from a judgment of the United States District Court for the Southern District of New York (Whitman Knapp, Senior Judge) denying his motion for a preliminary injunction enjoining arbitration and granting defendant-appellee Cendant Corporation's ...
No. 86-4074
850 F.2d 543 (1988) | Cited 114 times
... Order AND NELSON, Circuit Judge: Daryl Miller worked as an installer for AT & T for more than twenty years. His working conditions were governed by a collective bargaining agreement (CBA), which included provisions concerning work assignments, transfers, and discharges. It also contained an ...
Nos. 84-7163, 84-7355
745 F.2d 190 (1984) | Cited 112 times
... Before: KEARSE, PIERCE, and SWYGERT,*fn* Circuit Judges. SWYGERT, Senior Circuit Judge. Plaintiff S.A. Mineracao da Trinidade-Samitri ("Samitri"), a Brazilian corporation, brought this action in the United States District Court for the Southern District of New York to obtain a declaratory ...
No. 05-30090
462 F.3d 384 (2006) | Cited 112 times
... Published opinion Before JOLLY, SMITH, and GARZA, Circuit Judges. Lonnie Brown, Nettie Brown, Jerry Brown, and Pat Brown ("the Browns") appeal from an order staying proceedings and compelling arbitration of their claims against Citigroup Global Markets, Inc., formerly Smith Barney ("Smith ...
No. 80-1045
102 S. Ct. 2673 (1982) | Cited 112 times
... JUSTICE MARSHALL delivered the opinion of the Court. In this case, we consider the power of a federal court to enjoin a politically motivated work stoppage in an action brought by an employer pursuant to § 301(a) of the Labor Management Relations Act (LMRA), 61 Stat. 156, 29 U. S. C. § 185(a), to ...
No. 93-3125
38 F.3d 289 (1994) | Cited 110 times
... MANION, Circuit Judge. Four employees of Porca Company sued to enforce an arbitration order which held that Porca Company had breached its collective bargaining agreement. They also sued Porca Company for breach of its collective bargaining agreement and the Emge Packing Co. Pension Plan for Hourly ...
No. 83-1512
722 F.2d 1471 (1984) | Cited 109 times
... TANG, Circuit Judge: This appeal involves the validity of an arbitration award. The employer asserts that because the dispute arose after the expiration of the collective bargaining agreement the duty to arbitrate terminated with the agreement. The employer also contends that the subcontracting ...
No. 80-2817
659 F.2d 836 (1981) | Cited 109 times
... J. A. Construction Management Corporation ("J. A.") appeals from the district court's denial of its motion to compel arbitration. We vacate and remand for further proceedings consistent with this opinion. I. On February 15, 1975, James Associates Architects and Engineers, Inc. ("James ...
No. 83-5686
726 F.2d 1367 (1984) | Cited 108 times
... FLETCHER, Circuit Judge: Plaintiff, John Garibaldi, an employee suing for damages in connection with an alleged wrongful discharge, appeals from a summary judgment in favor of his employer, defendant Lucky Food Stores. We reverse on the grounds that the action was improperly removed from state ...
Nos. 96-11088, 96-11463.
125 F.3d 914 (1997) | Cited 108 times
... I. Facts & Procedural History This case presents an opportunity to resolve several questions regarding the appropriate district court to confirm or vacate an arbitration award under the Federal Arbitration Act ("FAA"), 9 U.S.C. 9 and 10. The appellee Sutter Corporation ("Sutter") manufactures ...
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