Chapter 8 - Pre-Trial Resolution

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iPhone/iPad apps Bar exam apps Bar exam apps State law apps AL AK AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA PR RI SC SD TN TX UT VA VT WA WI WV WY Travel apps Amsterdam Frequent flyers London, England Miami New York City Paris, France Rome, Italy San Francisco Seattle Walt Disney World Washington, D.C. Movies on iTunes^® Classic movies Lawyer movies Education apps Algebra Reference apps General ref. apps Pilot apps Productivity apps Top prod. apps Utilities apps Top utilities apps	Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law. ------------------------- Chapter 8 - Pre-Trial Resolution Overview 8.100 Arbitration agreements 8.200 Release, settlement and severance agreements Detail 8.100 Arbitration agreements 8.110 Procedural issues 8.111 Subject matter jurisdiction 8.112 Standard of review of arbitration decision 8.113 Scope of Federal Arbitration Act 8.113.10 Exclusion for transportation workers 8.113.20 Who is a transportation worker? 8.113.30 Whether FAA applies to particular claims? 8.113.31 ADA 8.114 Miscellaneous procedural issues 8.114.10 Federal policy favors arbitration 8.114.20 How soon must arbitration be sought? 8.114.30 Standard for waiver of statutorily protected rights in collective bargaining agreement 8.114.40 When can a party compel arbitration? 8.114.50 When motion to compel arbitration is granted, should lawsuit be dismissed or stayed? 8.114.60 Whether decision compelling arbitration is appealable 8.120 Determining the scope of an arbitration agreement 8.121 Is determination made by court or arbitrator? 8.130 State contract law controls 8.140 Whether an agreement exists 8.141 Employer's offer 8.141.10 Whether employer's offer is illusory 8.142 Employee's or applicant's acceptance 8.142.10 Whether employee was provided sufficient notice of agreement 8.142.20 Acceptance based on continuing to work 8.142.30 Whether employee knowingly entered into arbitration agreement 8.142.31 ADA claims 8.142.32 Employee's duty to understand agreement before signing 8.143 Whether agreement must be in writing? 8.144 Whether agreement must be signed by the parties? 8.150 Whether agreement is enforceable 8.151 General principles 8.151.10 Individualized assessment 8.151.20 Agreement cannot require that employee forego substantive rights 8.151.30 Mandatory arbitration agreements are enforceable 8.151.40 Whether employer's right to modify or terminate agreement makes it illusory 8.152 Procedural unconscionability 8.153 Substantive unconscionability 8.154 Whether unenforceable clause is severable 8.160 Whether certain provisions are unconscionable 8.170 EEOC's right to seek judicial relief on behalf of employee notwithstanding arbitration agreement 8.171 No duty of employee to arbitrate while EEOC is seeking judicial relief 8.180 Waiver of right to contest submission to arbitration 8.181 Waiver of right to challenge biased arbitrator 8.190 Miscellaneous issues 8.191 Arbitration agreement to administrative claims pending when agreement is enacted [TOP] 8.200 Release, settlement and severance agreements 8.210 In general 8.211 Employer bears burden of proving waiver and release 8.212 Court's jurisdiction to enforce settlement agreements 8.213 Standard of review as to district court's decision whether to enforce a settlement agreement 8.214 Lack of written and/or signed settlement agreement 8.215 Attorney's authority to settle on behalf of client 8.215.10 Burden of proof 8.216 Whether settlement agreement precludes fee award 8.217 Settlements are binding on both parties 8.218 Whether settlement proceeds are taxable as income? 8.220 Validity of settlement agreements 8.221 In general 8.221.10 Does federal or state law control? 8.221.20 District court should hold a hearing to resolve disputes 8.222 ADEA (see OWBPA) 8.223 OWBPA 8.223.10 OWBPA statute 8.223.20 Burden of proof 8.223.30 Knowing and voluntary 8.223.31 Waiver may comply with OWBPA and still not be knowing and voluntary 8.223.40 Whether agreement is reasonably calculated to be understood? 8.223.50 Particular issues - classification or organizational unit 8.223.60 Ratification / tender back under the ADEA 8.223.70 Effect of invalid provisions 8.224 ADA 8.225 FMLA 8.225.10 Ratification / tender back under the FMLA 8.226 Rehabilitation Act 8.227 Title VII 8.227.10 Ratification / tender back under Title VII 8.228 Whether certain provisions are unenforceable 8.228.10 Prohibition on filing EEOC charge 8.228.20 Cannot prospectively waive claims [TOP]


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