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Epic attempted to dismiss the suit, arguing that the arbitration agreement signed by Lewis prevents him from taking collective actions and requiring individual arbitration. The District Court refused to dismiss the case, arguing that Lewis' action was a protected concerted activity under Section 7 of the NLRA, and that the arbitration agreement ...
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
These rights are found in "Section 7" (29 U.S.C. §157) of the National Labor Relations Act (NLRA, or the Act), and are often referred to as Section 7 protections. [2] Generally speaking, there is protected concerted activity when two or more employees act together to improve the terms and conditions of their employment.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
As per Section 7, such an agreement must be in writing. The contract regarding which the dispute exists, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement.
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Southland Corp. v. Keating, 465 U.S. 1 (1984), is a United States Supreme Court decision concerning arbitration.It was originally brought by 7-Eleven franchisees in California state courts, alleging breach of contract by the chain's then parent corporation.