But her choice not to arbitrate doesn't necessarily mean she can avoid having to arbitrate.
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"Thus, there never was an agreement to arbitrate," he added.
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Fitbit's terms of service require customers to arbitrate their claims.
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It doesn't arbitrate exact personality traits based on astrological signs.
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This agreement to arbitrate is intended to be broadly interpreted.
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Pullman's position — "There is nothing to arbitrate" — remained steadfast throughout.
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As president, Trump will have to arbitrate between their competing visions.
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Employees who prefer to arbitrate privately will still have that option.
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Rakoff will decide whether Uber waived its right to arbitrate with Meyer.
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Uber wasn't alone in mandating their riders arbitrate any issues against the company.
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They also said they wanted a judicial court that would arbitrate their differences.
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It previously filed a motion to arbitrate the UAW's claims, which the union opposed.
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The clause said they would arbitrate disputes instead of suing Wells Fargo in court.
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Kassen, arguing against, was concerned about the optics: Who were they to arbitrate truth?
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"But when they are required to arbitrate, companies sing a different tune," Lenkner said.
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India's Supreme Court has set up a panel to arbitrate the decades-long dispute.
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Both of those are class action claims, so Uber is still seeking to arbitrate those.
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Vaska said his client intends to re-arbitrate its case before a different JAMS arbitrator.
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Wells would help itself immensely if it stopped forcing customers to arbitrate these refund requests.
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When the cultural arbiters lose the will to arbitrate, they lose their value to society.
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In fact, Lyft continues to require that its riders arbitrate their issues against the company.
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As it turns out, the law explicitly says whistleblowers cannot be forced to arbitrate anti-retaliation claims under the Sarbanes-Oxley Act – but Dodd-Frank does not specifically address whether employers can compel whistleblowers to arbitrate their anti-retaliation claims under Dodd-Frank itself.
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To be clear, the company is not seeking to arbitrate the individual sexual assault-related claims.
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And a complex legal systems employing armies of water-specialized lawyers to arbitrate all the bickering.
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The former Morgan Stanley trading associate Mahmoud Latif will have to arbitrate his claims, she said.
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" In other words, "HE WASN'T AN IMPORTANT WINNER, AND THAT'S WHAT WE'RE TRYING TO ARBITRATE HERE.
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"We're going to arbitrate, we're going to all get together," he said during a rally in Nashville.
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It says that companies can't ignore contracts to pick and choose when they want to arbitrate collectively.
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Because the process in place to arbitrate these disagreements is no longer perceived as being procedurally just.
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The outcome did not satisfy all of the families, and Mr. Feinberg was brought in to arbitrate.
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Their employees are largely removed from the electoral process, but nonetheless create rules, police them and arbitrate disputes.
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In 2016, year-to-date, there have been 10 requests to arbitrate filed and 34 ethics complaints filed.
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The waivers compel workers to individually arbitrate disputes with employers rather than bringing collective lawsuits with co-workers.
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Ministers have since said that they could set up some supranational court to arbitrate on matters after Brexit.
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DoorDash argued it was under no obligation to pay the fees needed to arbitrate those thousands of disputes.
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In October, U.S. District Judge Saundra Brown Armstrong ordered Postmates to arbitrate the demands of nearly 5,300 couriers.
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"To put it simply, through this sculpture I am trying to arbitrate with the right wing," Althamer said.
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European judges will still arbitrate on such matters, even though Britain will no longer be able to nominate them.
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The WTO has the authority to arbitrate disputes between member countries when one feels targeted by another's trade policies.
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When residents complained about noise, litter and general unruliness, it fell to the night council to arbitrate varying interests.
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Judge Brody slapped down an attempt by Thrivest to arbitrate a $500,000 claim against one of the NFL retirees.
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Goldman subsequently sued Jiampietro in a New York state court in Manhattan to force him to arbitrate his claim.
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The judge last July then rejected the Nationals' bid to arbitrate again before the RSDC, whose membership has changed.
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Why should the College Board arbitrate and standardize the relative impact of social and environmental factors on students' potential?
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In Epic, however, the court upheld the practice of making employment conditional on agreement to individually arbitrate all disputes.
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"Would you rather arbitrate water use in the Sulphur Springs Valley or peace in Israel?" his brother asked me.
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Intuit's board is urging shareholders to vote down the unprecedented proposal to require investors to arbitrate their securities claims.
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The plaintiffs' firm Keller Lenkner dropped the injunction demand after DoorDash said workers could continue to arbitrate at AAA.
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And I will do whatever is necessary to facilitate the agreement, to mediate, to arbitrate anything they'd like to do.
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It simply doesn't make sense, Stern said no fewer than six times at Thursday's hearing, to arbitrate a $2800 claim.
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Other prospective defendants may, like DoorDash, require workers to agree to arbitrate in forums with rules that curb mass filings.
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Canadian officials have expressed their reluctance to do away with an impartial dispute settlement system to arbitrate disagreements over tariffs.
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The waivers compel workers to individually arbitrate disputes with their employers rather than bring collective lawsuits with their co-workers.
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Uber filed a motion saying that riders agreed to arbitrate disputes in private when they sign up in the first place.
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Even though NAF is no longer handling consumer arbitrations, the company argued, Hunter agreed to arbitrate any disputes with A-1.
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Postmates also contends that Keller Lenkner, a 15-lawyer firm, simply does not have the capacity to arbitrate thousands of cases.
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But after more than a year in court, Wells argued that it still had the right to arbitrate the overdraft dispute.
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The estate is seeking to enforce a clause in the 1992 contract saying it entitles the estate to arbitrate the dispute.
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IPIC has asked a London court to arbitrate in the dispute with 1MDB, in which it is claiming about $6.5 billion.
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That means giving up your day in court and instead you arbitrate, which is a private proceeding generally controlled by the employer.
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"I do not like this characteristic of our time where everyone feels the right to judge, to arbitrate, to condemn," she continued.
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Last year IPIC had asked a London court to arbitrate in a dispute with 1MDB, in which IPIC claimed about $6.5 billion.
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"The statute therefore requires more than ambiguity to ensure that the parties actually agreed to arbitrate on a classwide basis," Roberts stated.
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"If I can help mediate or arbitrate, please let me know," Trump said at a meeting with Vietnam's president, Tran Dai Quang.
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U.S. efforts to arbitrate the result or force the process will only delay the much-needed change for a more democratic Iran.
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"All the parties who want to arbitrate bilaterally will simply put in their contract that a class action is waived," she said.
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Khan on Wednesday also called on international bodies, such as the UN, to help arbitrate the Kashmir issue between India and Pakistan.
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Its customers have been unable to sue because their contracts said they would arbitrate disputes instead of suing Wells Fargo in court.
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This action could prompt the United States to take the less risky option of offering to arbitrate a settlement between Catalonia and Madrid.
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Benchmark lawyers, who had argued for trying the case in open court, said the company was willing to arbitrate parts of its complaint.
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Benchmark's lawyers had argued for trying the case in open court, but said the company was willing to arbitrate parts of its complaint.
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Knowing that this will likely end poorly, United Nations chief Chrisjen Avasarala (Shohreh Aghdashloo) dispatches the crew of the gunship Rocinante to arbitrate.
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And Chipotle also faced accusations last year of refusing to pay arbitration fees after forcing thousands of workers to agree to arbitrate disputes.
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Ms Pynchon was warned at the start of her career that awarding punitive damages against employers could mean she would never arbitrate another case.
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The Smith Barney litigants devoted eight of their complaint's 41 pages to criticisms of the practice of forcing employees to arbitrate civil rights claims.
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Last week, Google became the latest of a handful of tech companies to announce it would no longer require employees to arbitrate employment disputes.
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The United States has said Mexico agreed to eliminate a system of settlement panels to arbitrate disputes over anti-dumping and anti-dumping tariffs.
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Menstruation is always pitched as this awful inconvenience that we have to militantly arbitrate, but it's actually your body doing something powerful and important.
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In that case, the U.S. justices upheld an agreement requiring a brokerage customer to arbitrate Securities Act claims instead of suing in state court.
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"I hope the legal system will be able to arbitrate and adjudicate swiftly and move onto issues of polyamorous relationships and legal protection issues."
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There is no exact science to this, and no one has the right to arbitrate on who is and isn't worthy of public commemoration.
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But now a handful of plaintiffs' law firms are calling these companies' bluff by actually seeking to arbitrate thousands of cases at a time.
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Pelosi's bill would allow for the government to arbitrate lower prices on the costliest drugs each year, which many fear will push investors away.
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I first wrote about the prospect of companies requiring shareholders to arbitrate their claims in 2013, after the Supreme Court ruled in American Express v.
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Like their Uber counterparts, the Lyft drivers contend the company requires them to arbitrate disputes individually – but has refused to allow that process to begin.
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As he pointed out, Rent-A-Center, Comcast and AT&T Mobility told the 9th Circuit that corporations are not eager to arbitrate classwide injunctions.
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Earlier on Thursday Uber said it would appeal a judge's order rejecting its attempt to arbitrate Waymo's trade secret claims, according to a court filing.
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Facebook has produced a report summarizing feedback it's taken in on its idea of establishing a content oversight board to help arbitrate on moderation decisions.
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Congress is under pressure from both law enforcement and the technology industry to arbitrate the encryption debate, with the terrorist attacks on San Bernardino, Calif.
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The judge agreed with Bruker's lawyers from Nixon Peabody and Axley Brynelson that Wussow's arbitration agreement requires him to arbitrate his Dodd-Frank whistleblower allegations.
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"The plain and unambiguous language of the agreement shows Hunter and A-1 agreed to arbitrate before – but only before – NAF," wrote Judge Paul Wilson.
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He did not, as best I could tell, acknowledge that Fitbit's own contract with consumers sets those terms by requiring customers to arbitrate their disputes.
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Earlier Monday, the U.S. Supreme Court said companies can in employment contracts require workers to arbitrate rather than pursue class-action claims over workplace matters.
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|
Does the opt-out requirement impinge on couriers' contractual right to arbitrate - and to force Postmates to pay the fees to launch their arbitration cases?
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In fact, as I've explained, J&J explicitly opposes changing its bylaws, arguing that it would be illegal for the company to require shareholders to arbitrate.
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One question, then, for Jacobson and other researchers tempted to sue their critics is whether they want to continue using the courts to arbitrate scientific disagreements.
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Sajid Javid, Britain's home secretary, who is ramping up an undeclared campaign to succeed Theresa May as prime minister, would arbitrate in any tug-of-war.
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It is, however, her first discussion of the issue since the SEC commissioners sidestepped consideration of the legality of requiring shareholders to arbitrate federal securities claims.
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"If I can help mediate or arbitrate, please let me know," Trump said in comments at a meeting in Hanoi with Vietnam's president, Tran Dai Quang.
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Espen Barth Eide, a former Norwegian foreign minister, also said the United Nations would only facilitate, and not arbitrate in talks between Greek and Turkish Cypriots.
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Opponents of securities class actions, as you're probably aware, have been pushing harder than ever for companies to adopt bylaws requiring investors to arbitrate securities claims.
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After Uber imposed forced arbitration and a class action ban on its drivers, more than 60,000 of those drivers sought to arbitrate claims against the company.
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But DoorDash also originally hoped to dismiss a pending class-action case about the same dispute by arguing that the workers had a duty to arbitrate.
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The companies, Postman said, believed that when they insisted that workers surrender their right to sue or arbitrate as a group, they'd effectively squelched workers' claims.
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Justification for repeal was also cloaked in arguments that the CFPB rule was actually unfriendly to consumers because it deprived them of the right to arbitrate.
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The fund defaulted on its bonds a year ago, sparking the dispute, with IPIC asking a London court to arbitrate over a claim totaling some $6.5 billion.
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For instance, when he fought with his sisters, Adler would arbitrate by listening to both sides and shrugging before telling her kids to go back to arguing.
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It is also the important protections brought by This vital mechanism within NAFTA has been used by the U.S. since 85033 to arbitrate disputes over foreign investments.
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Mark Zuckerberg, Facebook's chief executive, said last fall in a speech at Georgetown University that his company would not arbitrate the harms of speech from political leaders.
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DoorDash, DoorDash must arbitrate over 2000,2600 individual disputes with various workers who claim that they were misclassified as independent contractors, when they should be treated as employees.
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It was clear once again, as with the nuclear deal, that Khamenei has to arbitrate between competing forces in an Iranian society that is anything but monolithic.
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But his administration ultimately opted not to intervene militarily after Russia stepped in to arbitrate an international agreement aimed at removing all chemical weapons from the country.
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The lawsuit also said Morgan Stanley uses "stealth" methods to force unhappy brokers to arbitrate their claims, rather than band together to pursue class actions in court.
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The U.S. Court of Appeals for the Federal Circuit heard oral arguments in Uber's appeal of an order rejecting its attempt to arbitrate Waymo's trade secret theft claims.
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Earlier this month, Google's attorney said Chevalier previously "agreed in writing to arbitrate the claims asserted" in his original complaint, according to court documents filed June 27, 53.
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Relying on science to arbitrate the male-female divide in sports is fruitless, they said, because science could not draw a line that nature itself refused to draw.
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"Nothing in the FAA authorizes (let alone requires) a court to compel a party to arbitrate beyond the limits of the agreement it made," the Missouri court said.
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But the 2nd, 5th and 11th Circuits have all held that consumers can't be compelled to arbitrate, despite the FAA, if their contracts specified NAF as a forum.
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Plaintiffs lawyer Esfand Nafisi of Migliaccio & Rathod said in an email statement that Juul had tried to "evade liability" by claiming consumers had agreed to arbitrate their claims.
|
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U.S. District Judge George O'Toole of Boston ruled that consumers who agreed to the companies' terms of service – which included a mandatory arbitration provision – must arbitrate their claims.
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Keller Lenkner withdrew the TRO request when DoorDash's Gibson Dunn lawyers said drivers could continue to arbitrate at AAA if they opted out of the new arbitration provision.
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"It would be grossly inequitable, asymmetrical and contrary [to require] Carlson to secretly arbitrate against Ailes while permitting Ailes to publicly sue employees in open court," the statement continues.
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Islam is experiencing a conflict that parallels Christendom's struggle in the 85033th century, trying to arbitrate a new balance between faith and reason, between the sacred and the secular.
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He said that lack of candidates left him with "no choice at all," constituted racial discrimination under New York law, and voided his earlier agreement to arbitrate with Iconix.
|
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Wussow still has to arbitrate the Dodd-Frank claim – assuming, of course, that the Supreme Court decides employees who report up the corporate chain qualify as Dodd-Frank whistleblowers.
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U.S. District Judge John Koeltl in Manhattan ruled that the former broker, John Lockette, was bound by a company policy requiring employees to arbitrate all claims, including discrimination claims.
|
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This week, under pressure from customers and employees alike, Uber announced that the company will no longer require riders or employees (including drivers) to arbitrate claims of sexual harassment.
|
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Instead, in irony upon irony, DoorDash now wishes to resort to a class-wide lawsuit, the very device it denied to the workers, to avoid its duty to arbitrate.
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Everyone knows that it doesn't make economic sense for a plaintiffs' firm to represent a single worker demanding to arbitrate a $100, or even $1,000, wage-and-hour claim.
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In 2011, he applied to the Turkish Cypriot Immoveable Property Commission, a body set up in 2006 and endorsed by the European Court of Human Rights to arbitrate such claims.
|
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The court, doing away with a formula from the National Labor Relations Board, ruled that the agreements could force workers to arbitrate the cases as individuals rather than as groups.
|
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The plaintiffs argued that civil rights claims shouldn't be subject to forced arbitration and that the employment agreements weren't clear about which corporate entity they had agreed to arbitrate with.
|
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Average annual salary: $160,280 Number of people employed in New York: 3,200 What they do, according to O*NET: Arbitrate, advise, adjudicate, or administer justice in a court of law.
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University and college lecturers only recently suspended their own strike action, accepting a joint committee of experts to arbitrate with the government in a dispute over cuts to their pensions.
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By the time you actually sit down and read about being forced to arbitrate your claims, you might as well get off your computer and drive down to Banana Republic.
|
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A federal magistrate judge on Friday ruled Cornell University must arbitrate its claim that a former co-plaintiff duped it into settling a gene-sequencing patent dispute with Illumina Inc.
|
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Consumers alleging in a class action that credit bureau TransUnion sold them inaccurate, worthless credit scores online cannot be compelled to arbitrate their claims, a federal appeals court has ruled.
|
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In American Express, Justice Scalia wrote the majority opinion stating that even if arbitration is too costly and difficult, it is still an option, so suck it up and arbitrate.
|
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Chipotle's lawyers at Messner Reeves argued that the plaintiffs' lawyers had compromised their clients' interests by urging them to join the court case, thereby potentially waiving their right to arbitrate.
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People can still opt out of group lawsuits if they want to pursue their claims on their own, and they can agree to arbitrate individual disputes on a voluntary basis.
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Last month, Chinese media reported that Beijing intends to arbitrate trade disputes with other countries through a set of new courts that are subservient to its ruling Chinese Communist Party.
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The focal point of his trip was to champion the League of Nations, which he hoped would peacefully arbitrate international conflicts and prevent another war like the one just ended.
|
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Meanwhile, shareholders advised by University of Michigan law professor Adam Pritchard proposed bylaw amendments at three companies - Google, Pfizer and Gannett - that would have required shareholders to arbitrate federal securities claims.
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The plaintiff is a trust led by retired Harvard Law professor Hal Scott – a longtime skeptic of securities class actions and a proponent of corporate bylaws compelling shareholders to arbitrate claims.
|
|
Sceptics, however, doubt the practicality of a pan-African agency, given the lack of a common legal system or an equivalent of the European Court of Justice to arbitrate in disputes.
|
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The Abu Dhabi fund has asked a London court to arbitrate in a dispute with the Malaysian state fund over a debt restructuring in which IPIC is claiming about $6.5 billion.
|
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A federal appeals court on Tuesday rebuffed a challenge by purchasers of 23andMe's genetic-testing kits to a provision requiring them to arbitrate claims against the company over allegedly deceptive marketing.
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What many employees don't learn until it's too late is that arbitrators wield immense power, and the people hired to arbitrate sometimes have deep connections to the industries that hire them.
|
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Fitbit's attempt to abort the arbitration, he added, exposes "the ugly truth" about why companies insist on arbitration provisions in consumer contracts: Because they know most people won't arbitrate small claims.
|
|
In two further rulings challenging corporate interests, the court backed the ability of states to ban uranium mining and allowed certain workers to arbitrate instead of sue companies over claimed wrongdoing.
|
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In Epic, you'll recall, the justices held, in a 242-2000 opinion written by Justice Neil Gorsuch, that companies can require employees to waive the right to arbitrate as a group.
|
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A military scholar, he helped arbitrate the negotiations between David Cameron and Nick Clegg that resulted in a coalition government between the Conservatives and Liberal Democrats after the elections in 2010.
|
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A landmark Delaware Chancery Court decision that is widely seen as a bulwark against the prospect of corporations requiring shareholders to arbitrate securities claims is now before the Delaware Supreme Court.
|
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In recent decades, banks and other corporations have increasingly required customers to agree in advance to individually arbitrate any conflicts that arise over products and services, rather than sue in court.
|
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For example, the company has asked a judge to force women who allege they were sexually assaulted by drivers to arbitrate all the non-sexual-assault-related claims in the lawsuit.
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Companies prefer to arbitrate claims because it is cheaper and faster than litigation in court, which is harder to fight and carries a greater risk of hefty damages awards by juries.
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If the OSC finds wrongdoing, it can pursue disciplinary actions against the agency, arbitrate the situation and it could also seek relief on Foster's behalf -- including getting her previous job back.
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The Trump administration will argue alongside companies that agreements requiring workers to arbitrate disputes with their employers individually, rather than bringing class-action lawsuits collectively with their co-workers, are valid.
|
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But Silicon Valley has a lot riding on the outcome, because many big tech firms, including Uber and Google, insert terms in their employment agreements that compel employees to arbitrate claims individually.
|
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Uber has specifically attempted to compel the nine women who first called on Uber to waive arbitration after filing a class action suit against the company to arbitrate some of their claims.
|
|
The agreement was reached after the Malaysian fund defaulted on its bonds in 21, sparking a dispute with IPIC, which asked a London court to arbitrate a claim totaling some $13 billion.
|
|
Morgan Stanley filed a motion seeking to send the case to private arbitration, pointing to a May 20, 2015 email in which Morgan Stanley employees were told they must arbitrate all claims.
|
|
Samsung tried to force the customers to arbitrate their claims, but a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco denied the request in January.
|
|
SYDNEY, Oct 30 (Reuters) - Chi-X Australia wants the country's competition regulator to look into the implications of blockchain technology for share trading and to arbitrate disputes with the Australian Securities Exchange.
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The agreement was reached after the Malaysian fund defaulted on its bonds in 21, sparking a dispute with IPIC, which asked a London court to arbitrate a claim totalling some $6.5 billion.
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There would be no reason and no need to force consumers to arbitrate instead of allowing them to hold companies accountable in court if it were truly the better option for them.
|
|
In two orders on Monday, U.S. District Judge James King said Wells Fargo waived any right to arbitrate the cases by choosing instead to litigate for years in hopes of winning in court.
|
|
Granted, only a handful of companies have so far been targeted in mass arbitration and it's not fair to assume that all businesses would respond by casting doubt on workers' rights to arbitrate.
|
|
A federal judge has blocked a new rule barring nursing homes that receive federal funds from requiring their patients to agree to arbitrate any claims against them from taking effect later this month.
|
|
The Nuclear Claims Tribunal, an independent ruling body with the authority to arbitrate legal relations between the United States and the Marshall Islands, awarded the Marshall Islands $2 billion in damages in 2001.
|
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Last week, U.S. District Judge S. James Otero ruled that a request by Daniels to depose Trump and Cohen was premature because they had yet to formally request that she arbitrate her claims.
|
|
A lawsuit has commenced, and the N.F.L. has been asked to arbitrate, a request that one of Pat Bowlen's brothers, a former minority owner, called a delaying tactic in a filing last weekend.
|
|
A mid-level California appeals court has ruled that a security guard for the San Francisco Giants must arbitrate his claim that the baseball team violated a state law requiring immediate payment of wages.
|
|
In an order dated Wednesday, U.S. District Judge Jed Rakoff in Manhattan also dismissed claims by the customer, Spencer Meyer, against former Uber Technologies Inc Chief Executive Travis Kalanick, unless Meyer wishes to arbitrate.
|
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U.S. District Judge Brian Martinotti in Trenton, New Jersey, said on Wednesday that Pearson's employment contract, which required him to arbitrate disputes with Valeant, remained in effect despite a subsequent separation agreement in 2016.
|
|
The larger questions about inequality that Mr. Bloomberg's tenure raises will be harder to arbitrate: Is it even possible to have urban prosperity without an affordability crisis, to have vast new development without displacement?
|
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That means that companies can secretly arbitrate dozens of allegations of misconduct, but victims of illegal treatment are forced into silence—so they, and the public, may never learn how systemic the problem is.
|
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The appeals court, however, said the drivers could not be forced to arbitrate claims brought under a unique California law that allows plaintiffs to sue for labor law violations on behalf of the state.
|
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That stance is anathema to the European Union, which has made the free movement of people — as well as goods, capital and services — a bedrock principle and which relies on the court to arbitrate.
|
|
AT&T Mobility – hold up, they represent a dramatic twist in corporations' long-running, and mostly successful, campaign to force employees and consumers to arbitrate their claims individually instead of banding together in class actions.
|
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Under the proposal, White House and congressional leaders would appoint a board of financial experts to arbitrate politically-charged questions like whether bonds issued by utilities or even the island's government should be written down.
|
|
But Fitbit knows consumers, for the most part, won't throw good money after bad to arbitrate their relatively small claims – and the company doesn't want to lay out its money for small-dollar arbitration either.
|
|
And by blocking the appointment of the appellate judges who arbitrate disputes, the administration is making it difficult for the W.T.O. to address the increasingly contentious trade fracases that have been erupting ever more frequently.
|
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DoorDash, he pointed out, imposed contracts requiring its workers to waive their right to sue or arbitrate as a class, yet the company was purporting to use a class action to settle the workers' claims.
|
|
As you know, workers and consumers have lost much of their leverage against corporations in the last several years, thanks to U.S. Supreme Court rulings that allow businesses to require them to arbitrate disputes individually.
|
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Only individuals and very small firms with fewer than 10 staff and a balance sheet of up to 2 million pounds can use the FOS, which has powers to arbitrate on a complaint and order compensation.
|
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"The people who are going to arbitrate need to know whether the person who is supposed to be neutral has a stake," said Judge Smith, who said statistics have shown that arbitration rulings favor repeat customers.
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That's a standard by which judges and courts arbitrate matters all the time and frankly judges as opposed to unelected bureaucrats are trained to do with that with respect to the legal reasoning behind the law.
|
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A federal judge dismissed one large case seeking class-action status in California last year, ruling that it was not "wholly groundless" that customers could be forced to arbitrate over accounts they had never agreed to.
|
|
DoorDash contractors have turned a forced arbitration clause in their contract against their employer, as a federal judge has ordered DoorDash to arbitrate 5,010 labor disputes, potentially costing the company millions in arbitration fees (via Quartz).
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The emails were ordered unsealed by U.S. District Judge William Alsup of San Francisco in a case by thousands of DoorDash workers who sought to compel the delivery company to arbitrate their wage-and-hour claims.
|
|
The U.S. Chamber of Commerce and other business groups have filed a lawsuit seeking to strike down a new California law that will prohibit employers from requiring workers to agree to arbitrate employment-related legal disputes.
|
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Point72 had said the complaint revealed "highly confidential and sensitive" information about third parties, including employee pay, and should be sealed until Torres decided whether Bonner's contract required her to arbitrate with the Stamford, Connecticut-based firm.
|
|
To be clear: Proponents of the law, which is now on the desk of Vermont's Republican governor, Phil Scott, very much want to deter corporations from forcing Vermonters to sign contracts that require them to arbitrate disputes.
|
|
Last month, as you probably recall, the SEC's corporate finance staff told Johnson & Johnson that it would take no action against the company for excluding a shareholder proposal to require investors to arbitrate their federal securities claims.
|
|
Kuwait's Emir Sheikh Sabah al-Ahmad al-Sabah has sought to maintain neutrality while he has tried to arbitrate an end to the rift, which has worsened to the point where both sides vilify each other regularly.
|
|
When the company was in federal court litigating to enforce its arbitration provisions, the drivers' filings said, Uber assured the 113th Circuit that it would pay the necessary fees to allow drivers to arbitrate their claims individually.
|
|
In a 3-0 decision, the appeals court also said the passenger, Spencer Meyer, agreed to arbitrate his own claims, but could try to show Uber waived its right to arbitration by actively fighting him in court.
|
|
In dismissing one large case seeking class-action status in California, a federal judge ruled last year that it was not "wholly groundless" that customers could be forced to arbitrate over accounts they had never agreed to.
|
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Parliament speaker Rached Ghannouchi said he would also start the process for voting judges onto the constitutional court, a body agreed in the 2014 constitution to arbitrate disputes between branches of government but not yet set up.
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LONDON (Reuters) - British Prime Minister Theresa May said it was possible that the European Court of Justice could continue to arbitrate trade disputes during a transition period after Britain has formally left the bloc in March 2019.
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NEW YORK (Reuters) - Jay-Z has agreed to privately arbitrate a trademark and contract dispute with clothing company Iconix Brand Group Inc, his lawyers said on Wednesday, after enough African-American arbitrators became eligible to handle the case.
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U.S. District Judge William Orrick in San Francisco ruled that the plaintiff Christopher Laver was bound by an agreement to arbitrate employment-related disputes, and could not pursue his proposed class action on behalf of roughly 200 brokers.
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"Gretchen never agreed to arbitrate anything with Mr. Ailes, and the contract on which he relies does not mention him and is not signed by him," her lawyers, Nancy Erika Smith and Martin Hyman, said in a statement.
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He's a modern-day C.E.O., if you will, probably more than any of the generations before him, simply because he's had to arbitrate so many problems with lawyers and encroachment and white-collar people coming after his land.
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"Plaintiff's suit directly contravenes his agreement with Airbnb to arbitrate any and all disputes arising out of or relating to the use of the platform — including its interpretation — on an individual basis," the company said in a filing.
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Some conservatives among them may want voluntary Shariah courts to arbitrate on issues like marriage, divorce and inheritance, but even that modest demand should not be confused with making Shariah's harsh penal code the law of the land.
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NEW YORK (Reuters) - Goldman Sachs Group Inc filed a lawsuit on Thursday seeking to force a former managing director to arbitrate his claim for legal fees stemming from probes into his alleged use of confidential Federal Reserve documents.
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He has also proposed that the BNetzA arbitrate in commercial disputes on network access, but added that if Deutsche Telekom prefers instead to appoint an independent auditor to rule in such cases this would be a workable alternative.
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Uber announced today that it would no longer force plaintiffs alleging sexual assault to arbitrate their litigation against the company, but it still plans to enforce arbitration in other cases — which includes preventing riders from filing class action claims.
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Merck & Co Inc is urging a judge to force a group of drug distributors to arbitrate antitrust cases alleging the pharmaceutical company entered into a patent settlement that delayed the release of generic version of anti-cholesterol drug Zetia.
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A federal appeals court on Tuesday said participants in employee retirement plans cannot be forced to arbitrate certain claims that plans were mismanaged, teeing up another contentious arbitration-related issue that could end up at the U.S. Supreme Court.
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Merck & Co Inc on Monday won a second chance to argue that three pediatric medical practices should be forced to arbitrate claims they brought in a proposed class action alleging it illegally stifled competition to its rotavirus vaccine RotaTeq.
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According to Uber, those arbitration agreements should have compelled Waymo to arbitrate its trade secrets case against Uber – but Waymo deliberately omitted naming Levandowski as a defendant in the suit in order to keep the case in federal court.
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Epic Systems conclusively established that a company can order its workers to give up their right to bring a class action and require those workers to arbitrate any future disputes — and immediately fire any worker who does not comply.
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Layn Phillips, a former federal judge who mediated the settlement, said in a court filing that the accord offered "a valuable recovery for the class in the face of many obstacles," including Ruby's preference that victims arbitrate their claims.
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Leaders arbitrate just who is potentially an existential threat and who is a friend arrayed against the same threat; as a result of this irrational vision of leadership, truly political decisions are independent of any aesthetic or moral criteria.
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A federal judge has temporarily blocked a new California law that would prohibit employers from requiring workers to agree to arbitrate employment-related legal dispute from taking effect, saying it is likely preempted by the Federal Arbitration Act (FAA).
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Lawyers began arguments in the case in which the Trump administration is siding with companies that contend that agreements requiring workers to arbitrate disputes with their employers individually, rather than bringing class-action lawsuits collectively with their co-workers, are valid.
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Priebus sits in the futile position, though, of seeking to arbitrate the White House's internal conflicts without the commensurate authority to do so — nobody can serve as an effective chief of staff for a president that doesn't want a gatekeeper.
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DUBAI/KUALA LUMPUR (Reuters) - Abu Dhabi's state-owned International Petroleum Investment Co (IPIC) said on Tuesday it has asked a London court to arbitrate in a dispute with Malaysian state fund 23.5MDB in which IPIC is claiming about $21 billion.
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A judge in Lagos last month gave both parties until March 18 to reach a settlement, after MTN had asked the court to arbitrate over the dispute, saying the Nigerian telecoms regulator had no legal grounds to order the fine.
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The U.S. Supreme Court on Tuesday ruled that truck drivers who are independent contractors cannot be forced to arbitrate legal claims against the companies they work for, marking a rare win for workers at the high court over an arbitration issue.
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In a case of first impression for the 3rd U.S. Circuit Court of Appeals, a three-judge panel unanimously held that an arbitrator cannot impose a requirement to arbitrate future issues with a "second-generation" arbitration provision without mutual consent.
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WASHINGTON (Reuters) - The U.S. Supreme Court on Monday refused to consider a bid by Samsung Electronics Co Ltd to force customers who have filed proposed class-action lawsuits against the company to arbitrate their claims instead of bringing them to court.
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The ministry, she said, has struggled to arbitrate between foreign donors to the shelters and conservative members of the government, who are deeply critical of the sites, where women live unsupervised by men, and have spoken darkly of them as brothels.
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In particular, the Trump administration's invocation of national security concerns could set a precedent in which China and other nations are willing to use national security as grounds for tariffs, hurting the ability of the World Trade Organization to arbitrate disputes.
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The big picture: Americans no longer agree on just about anything, down to the level of who can be trusted to arbitrate truth from fiction or how to differentiate common sense from nonsense, according to a new AP-NORC poll.
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At the moment, he said, plaintiffs' lawyers are paying arbitration fees but plan to demand reimbursement from Chipotle, whose arbitration clause says that employees are not required to pay more to arbitrate claims than they would have to spend in arbitration.
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After shooting down Uber's motion to compel Meyer to arbitrate the case, an appeal to the Second Circuit forced Judge Rakoff, ironically enough, to force arbitration—even though "it is based on nothing but factual and legal fictions," he wrote.
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Over the past three years, Carlson has also lobbied for the passage of the "Ending Forced Arbitration of Sexual Harassment Act" on Capitol Hill, a bipartisan-supported bill that would prohibit companies from requiring employees to confidentially arbitrate sex discrimination disputes.
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NEW YORK (Reuters) - A U.S. judge ruled that Uber can force an unhappy Connecticut customer's price-fixing case against the ride-service company into arbitration, after the customer said the proposed class action belonged in court because he never agreed to arbitrate.
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A judge in Lagos last month gave both parties until March 18 to reach a settlement, after MTN in December had asked the court to arbitrate over the dispute, saying the Nigerian Communications Commission had no legal grounds to order the fine.
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And parties that agree to arbitrate their disputes are expected to understand that when they opted for a private forum, they gave up the protections against partiality that are built into the federal judicial rules and Article III of the U.S. Constitution.
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Cliff Palefsky, a San Francisco-based employment attorney, likens the moment to what happened in the security industry in 1998, when the SEC declared that brokerage industry employees would no longer be required to arbitrate claims of employment discrimination before industry panels.
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When an employer claims that an employee breached an arbitration agreement by filing suit in court, the test applied by a court is (1) whether a valid agreement to arbitrate exists, and (2) whether the claim is within the scope of that agreement.
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However, such concessions would not address the risks to companies like Dish because the language is vague and it is unclear who would have the expertise to arbitrate, said Warren Schlichting, group president of Dish's Sling TV, in his second day of testimony.
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NEW YORK (Reuters) - Fox News Chairman Roger Ailes on Friday petitioned a federal court in Manhattan to compel former anchor Gretchen Carlson, who filed a sexual harassment lawsuit against him this month, to arbitrate her employment-related claims in New York City.
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NEW YORK (Reuters) - A federal judge on Friday granted a request by Uber Technologies Inc and its chief executive officer to put a passenger's price-fixing lawsuit against them on hold, while they appeal his refusal to let them arbitrate the dispute.
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Dozens of New York state lawmakers have urged Ernst & Young US LLP (E&Y) to end its policy of requiring employees to arbitrate sexual harassment claims, beginning with a former partner who is suing the accounting firm to invalidate her arbitration agreement.
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A former partner at Winston & Strawn in California has asked the U.S. Supreme Court to decline review of a ruling that said she did not have to arbitrate sex discrimination claims against the law firm because an arbitration agreement she signed was invalid.
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In a filing with the federal court in Newark, New Jersey, Ailes' lawyers said Carlson's contract with the network had required her to arbitrate any disputes over her employment, and not sue, as she did on Wednesday, in New Jersey Superior Court.
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NEW YORK, July 15 (Reuters) - Fox News chairman Roger Ailes on Friday petitioned the Manhattan federal court to compel former anchor Gretchen Carlson, who filed a sexual harassment lawsuit against him this month, to arbitrate her employment-related claims in New York City.
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The Philippines has clashed with China over disputed reefs and shoals in the waterway, which the two countries share, and Mr. Trump has used this month's Asia tour to offer to, as he said on Sunday in Hanoi, "mediate or arbitrate" such disagreements.
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A federal judge in Chicago has ordered a trial on whether a Navy reservist must arbitrate his claims that Morgan Stanley Smith Barney unlawfully terminated him from his job as a financial advisor after he was called to active duty last year.
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The vast majority of our employees have never been asked to sign such an agreement — only those who joined Apple during a short period when this policy was in effect — and employees who did are no longer required to arbitrate this kind of claim.
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So by requiring workers to arbitrate, Mayer Brown argued, business are actually assuring their workers that employees "can make use of alternative dispute resolution procedures to avoid the expense and complexity of traditional litigation in court," according to its motion for a preliminary injunction.
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NEW YORK, Nov 23 (Reuters) - A U.S. judge ruled that Uber can force an unhappy Connecticut customer's price-fixing case against the ride-service company into arbitration, after the customer said the proposed class action belonged in court because he never agreed to arbitrate.
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A former Ogletree Deakins shareholder suing the labor and employment law firm for sex discrimination has asked a federal judge to reject the firm's claim that she agreed to arbitrate employment-related disputes by not responding to an email announcing a voluntary arbitration agreement.
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Katumbi, who put the number of dead at more than 50, denies the corruption charges, and said that African Union mediator Edem Kodjo, a former Togolese premier appointed to arbitrate between the government and opposition, should be replaced because he is biased toward Kinshasa.
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On the one hand, this is a safeguard that protects Twitter from having to arbitrate a lot of pointless disputes over what constitutes "hate speech"; after all, plenty of people feel that pushback against white male culture is hate speech, a form of racism.
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He was in "absolutely no doubt" that the WTO would have found in favor of Mexico if Lopez Obrador had asked the trade body to arbitrate the dispute with Trump, a process he said would have taken around two years for a definitive ruling.
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Amazon.com Inc is set to argue in two federal appeals courts next week that federal judges were wrong to rule that the company's delivery drivers do not have to arbitrate claims that they were misclassified as independent contractors because they are engaged in interstate commerce.
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But what happens in this litigation is going to shape the future of mass arbitration – which is, in my mind, the future of workers' ability to hold employers accountable when employees have been forced to surrender the right to sue or arbitrate as a group.
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But Hoyer, Lee's lawyer, told BuzzFeed News there still would have been time to appeal the court's order compelling arbitration when, on the day of the company's announcement that it would end forced arbitration, he contacted Google's lawyer to say Lee elected not to arbitrate her claims.
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The justices took up appeals of three lower court rulings, including one involving global professional services giant Ernst & Young, that dealt with the legality of agreements signed by workers requiring them to arbitrate disputes with their employers individually rather bring class action lawsuits with their coworkers.
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"Assuming all 58,000 drivers just in New York City seek to arbitrate their disputes individually", the brief reads, "and assuming enough arbitrators could be found to do one arbitration a day" every Monday through Friday, it would take 223 years for all claims to be arbitrated.
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A federal judge in California has ruled that a delivery driver for DoorDash Inc must arbitrate claims that the company misclassified him as an independent contractor, but said another driver who opted out of arbitration could step in as the lead plaintiff in the proposed class action.
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Writing for the majority, Gorsuch, said that the 1925 Federal Arbitration Act trumps the National Labor Relations Act and that employees who sign agreements to arbitrate claims must do so on an individual basis — and may not band together to enforce claims of wage and hour violations.
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Last June, for instance, I wrote about a Fitbit lawyer's all-too-candid admission that no rational litigant would pay a $750 filing fee to arbitrate a claim over a product that costs $162 – a concession that plaintiffs' lawyers called the "ugly truth" about mandatory arbitration clauses.
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Even if U.S. forces remained in Qatar and Bahrain (respectively the headquarters of U.S. Central Command and of the U.S. Fifth Fleet), they cannot arbitrate the unsettled tensions between regional powers — and the U.S. doesn't want to be caught in the middle, should war break out.
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Lamy said he believed there was "absolutely no doubt" that the WTO would have found in favor of Mexico if Lopez Obrador had asked the trade body to arbitrate the tariff dispute with Trump, a process he said would have taken around two years for a definitive ruling.
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A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals said Crisell Seguin's complaints that Northrop Grumman unlawfully required employees to arbitrate claims brought under the Sarbanes-Oxley Act (SOX) did not amount to accusations of "shareholder fraud," so they were not covered by the law.
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Lamy said he believed there was "absolutely no doubt" that the WTO would have found in favor of Mexico if President Andres Manuel Lopez Obrador had asked the trade body to arbitrate the tariff dispute with Trump, a process he said would have taken around two years for a definitive ruling.
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That person does need not be autocratic or a self-important know-it-all, but someone who has the ability to harness all of this energy, arbitrate and facilitate, take shots and throw elbows, give direction and take instruction, and ultimately decide how and where resources are used and spent.
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The 4th U.S. Circuit Court of Appeals said that Bluefield Regional Medical Center and Greenbrier Valley Medical Center had no written agreement to arbitrate with the National Nurses Organizing Committee, and that an oral agreement is unenforceable under the Federal Arbitration Act as well as the National Labor Relations Board's policies.
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Ms. Zeleny, a lawyer who lives outside Salt Lake City and opened a Wells Fargo account when she started a new law practice, said it would be impossible for her to agree to arbitrate her dispute over an account that she had never signed up for in the first place.
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And though Jill Fisch of the University of Pennsylvania suggested that state legislators might try to act to prohibit corporations from requiring shareholders to arbitrate disputes, much as Delaware lawmakers squelched loser-pays provisions in 2015, Michigan's Pritchard said the Federal Arbitration Act would probably pre-empt a state law disfavoring arbitration.
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In contrast, on a blockchain system, by executing the transaction as a record in a tamper-proof repository not owned by anyone, the transfer of money and digital product is automatic, atomic, and direct, with no middleman needed to arbitrate the transaction, dictate terms, and take a fat cut on the way.
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"Reading's right to arbitrate is not contractual in nature, but rather arises out of a binding, regulatory rule that has been adopted by FINRA and approved by the SEC," wrote Judge Jane Roth for a panel that also included Judge Patty Shwartz and U.S. District Judge Gerald Pappert of Philadelphia, sitting by designation.
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U.S. District Judge Lawrence Stengel of Philadelphia sided with Reading, finding first that the declaratory judgment case did not have to be transferred to Manhattan because it did not actually arise from the agreement between Reading and the underwriter or the ARS offerings, but rather from Reading's right to arbitrate under FINRA rules.
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In a motion filed on Monday, Essential Consultants — a shell company established by Mr. Trump's lawyer Michael D. Cohen to pay Ms. Clifford — asked the United States District Court for the Central District of California to compel Ms. Clifford "to arbitrate any and all disputes arising" from the confidentiality agreement she signed.
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U.S. District Judge Amit Mehta found that Petrobras had forfeited the right to arbitrate the 2016 lawsuit by waiting until April 2019 to claim it – years that Petrobras spent on an unsuccessful quest to convince Mehta, an appeals court and finally the U.S. Supreme Court that it could not be sued in the United States.
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"I don't like this aspect of our times where each feels the right to judge, arbitrate, condemn — a society where simple denunciations on social networks lead to punishment, job losses and often lynching in the media," Deneuve began her letter to the French paper Liberation, published Sunday night, echoing the initial sentiment of the controversial Le Monde letter.
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In a 2-1 ruling, a panel of the 9th U.S. Circuit Court of Appeals ruled on Tuesday that copper producer ASARCO waived its right to challenge the arbitrator's authority in court because it failed to take affirmative steps to signal its unwillingness to arbitrate, such as forcing the United Steelworkers to sue to compel arbitration, the panel said.
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When drivers who had signed contracts with Uber attempted to sue the company for wage and hour violations, Uber and its lawyers at Gibson Dunn & Crutcher won key rulings from the 211th U.S. Circuit Court of Appeals that effectively ended the drivers' quest to litigate their claims in court – or even to arbitrate their claims as a class.
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As Easter Island sits about 2,000 miles off the coast of Chile, advocates for the reclamation and restoration of Rapa Nui culture have petitioned the Chilean government to arbitrate on their behalf for the return of the work — which is not only considered an object of sacred worship, but believed to house the spirit or mana of the depicted deity.
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That the dispute is hard to arbitrate reflects the fact that the factors in contention—the number of hours a doctor can safely work and the stringencies needed to enforce them; the value of time at different points in the day and week—all contain a large qualitative component (though both sides have reams of quantitative studies saying different things).
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Members of the People's Parity Project, which was founded by students at Harvard Law School, held protests on Thursday at DLA Piper offices in New York, Boston and Washington D.C. and passed out leaflets urging law students not to interview with the firm until it agrees to stop requiring lawyers and other employees to arbitrate legal claims, according to a statement from the group.
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As U.S. District Judge William Alsup of San Francisco observed at a hearing last week in a case involving mass arbitration against the delivery service DoorDash, there's some poetic justice, to use Alsup's phrase, in watching companies that fought for the right to force their workers to arbitrate squirming to respond when masses of workers do, in fact, demand to vindicate their contractual rights.
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Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn&apost apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York.
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With the CFPB and its director, Richard CordrayRichard Adams CordrayWatchdog agency must pick a side: Consumers or scammers Kraninger's CFPB gives consumers the tools to help themselves House rebukes Mulvaney's efforts to rein in consumer bureau MORE, tackling this issue head-on, it should come as no surprise that those most invested in stopping the agency are the large corporations (and their trade association, the U.S. Chamber of Commerce), which use these clauses to force consumers to arbitrate behind closed doors and ban them from joining together.
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As spotted earlier by The Consumerist, an arbitration notice states that Pokemon Go users automatically agree to waive their rights to any future trial by jury or class action lawsuit unless they opt out of a binding clause in the T&Cs… ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "AGREEMENT TO ARBITRATE" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NIANTIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
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