Environmental groups sue US aviation regulator over SpaceX rocket explosion
Four environmental advocacy groups and one Native American organization Monday sued the Federal Aviation Administration (FAA), alleging the agency failed to undertake a thorough environmental impact analysis after a SpaceX rocket exploded in Boca Chica, Texas last month. The complaint alleges the FAA violated the National Environmental Policy Act (NEPA) which requires federal agencies to [...]
US appeals court rules Uber drivers subject to employment contract arbitration clauses
The US Court of Appeals for the Third Circuit ruled Wednesday that Uber drivers are not exempt from laws requiring private arbitration of disputes. The Federal Arbitration Act (FAA) allows federal courts to enforce private arbitration agreements commonly found in employment contracts. These agreements are included in the standard contract Uber drivers agree to. However, [...]
US federal appeals court upholds Federal Aviation Administration drone identification rule
The US Court of Appeals for the District of Columbia Circuit Friday upheld the Federal Aviation Administration’s (FAA) rule on drone identification. Brennan v. Dickson was brought by Tyler Brennan, a drone user, and the drone equipment retailer owned by Brennan, RaceDayQuads LLC, challenging the FAA over its Remote Identification Rule of April 2021. The rule requires drone manufacturers [...]
US Supreme Court rules Federal Arbitration Act preempts California anti-arbitration law
The US Supreme Court ruled 8-1 Wednesday that the Federal Arbitration Act (FAA) partially preempts a California law that invalidates waivers of the right to assert representative claims under the California Private Attorneys General Act (PAGA). The FAA states that arbitration agreements in specific contracts are valid, irrevocable, and enforceable. PAGA allows aggrieved employees to [...]
US Supreme Court rules for fast-food worker in arbitration dispute
The US Supreme Court ruled 9-0 Monday in Morgan v. Sundance, Inc. against a fast-food franchise owner who sought arbitration only after beginning to litigate a claim filed by an employee. Petitioner Robyn Morgan worked at a Taco Bell franchise owned by Sundance. Morgan signed an agreement when she applied for the job to arbitrate any [...]
US Supreme Court limits federal jurisdiction over worker arbitration
The US Supreme Court Thursday narrowed the role of federal courts in enforcing certain provisions of the Federal Arbitration Act (FAA). In an 8-1 decision authored by Justice Elena Kagan, the court held in Badgerow v. Walters that federal courts do not have jurisdiction to confirm or vacate certain arbitral awards, even where the claim [...]
US Supreme Court hears oral arguments in worker arbitration agreement case
The US Supreme Court Wednesday heard oral arguments in Viking River Cruises v. Moriana, a case that could make pursuing legal action against an employer harder for workers who have signed arbitration agreements as a condition of their employment. An employee of Viking River Cruises sued the company in state court under the California Private Attorneys General [...]
US Supreme Court hears oral arguments in arbitration, North Carolina voter ID cases
The US Supreme Court Monday heard oral arguments in two pending cases, Morgan v. Sundance, Inc. and Berger v. North Carolina State Conference of the NAACP. In Morgan v. Sundance, Inc., the court must consider whether a requirement to prove prejudice when one party subject to an arbitration clause argues another party waived arbitration violates [...]
Biden signs bill prohibiting forced arbitration for workplace sexual harassment claims
President Joe Biden Thursday signed a bill into law prohibiting employers from forcing arbitration agreements upon victims of workplace sexual assault and harassment. Originally introduced in 2017 by Senators Kirsten Gillibrand (D-NY) and Lindsey O. Graham(R-SC), the bill passed with bipartisan support last month. The act amends the Federal Arbitration Act (FAA) to render invalid and [...]
Federal appeals court upholds pro-worker California law limiting arbitration
The US Court of Appeals for the Ninth Circuit held Wednesday that workers in California will not be forced into arbitration as a condition of employment. In 2019, California passed Assembly Bill 51 (AB51), to limit workplace arbitration agreements. It prohibits employers from requiring employees to sign arbitration agreements as a condition of employment. Violations [...]
