Justia Arbitration & Mediation Opinion Summaries

Tennessee law mandates mediation in certain contested divorce proceedings. Now-Judge Martin was appointed and performed mediation in plaintiff's divorce as part of his private legal practice. The divorce was granted, allowing wife to take the children to Japan during vacations but requiring her to live within 100 miles of husband. Husband believed that wife planned to abduct the children to her native Japan, petitioned to modify the parenting plan, and sought a restraining order. The hearing, initially assigned to another, was re-assigned to Judge Martin. The parties agreed to have Judge Martin hear the motion, despite the judge raising the issue. Judge Martin ruled in favor of wife, who subsequently took the children out of the U.S. with no apparent intent to return. Husband was awarded full custody; wife was charged with felony custodial interference. Husband filed suit against Martin as both judge and mediator; the law firm as his employer; and a court-ordered parental coordinator, under 42 U.S.C. 1983 and state law negligence and contract theories. The district court dismissed all claims. The Sixth Circuit affirmed.View "Savoie v. Martin" on Justia Law

Plaintiff appealed from a judgment of the district court denying her petition to vacate an arbitration decision that rejected her claims, which asserted principally that defendant, her former employer, discriminated against her on the basis of gender in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. On appeal plaintiff principally contended that the arbitrators' decision should be vacated in light of the Lilly Ledbetter Fair Pay Act of 2009 (Fair Pay Act), Pub. L. No. 111-2, 123 Stat. 5. The court reviewed the district court's conclusions of law de novo and found plaintiff's contentions to be without merit. Accordingly, the judgment of the district court was affirmed. View "Schwartz v. Merrill Lynch & Co, Inc." on Justia Law

Appellant Marcus Minix received documents from the county mediator stating that the county court had received a complaint against him for a violation of Ky. Rev. Stat. 514.030 and directing Appellant to mediation. After attending mediation, Appellant was informed he may need to return to mediation. Appellant petitioned the court of appeals for a writ prohibiting the county attorney from referring felony criminal complaints, including a felony complaint against him, to a mediator before presenting the complaints to a district court for review and issuance of a summons or warrant. The court of appeals denied the petition, finding it was without jurisdiction to address Appellant's claims. The Supreme Court affirmed, holding that a writ of prohibition may not be issued against non-judicial parties such as the Appellees, the county attorney and the mediator, and the substantive relief Appellant sought was within the original jurisdiction of the circuit court, not the court of appeals. View "Minix v. Roberts" on Justia Law

Plaintiffs, a group of retail sales employees of defendant, appealed from an order of the district court vacating an arbitration award on the ground that the arbitrator had exceeded her authority in light of the Supreme Court's decision in Stolt-Nielson S.A. v. AnimalFeeds International Corp. At issue was whether a district court had the authority to vacate an arbitration award where it believed that the arbitrator improperly interpreted the terms of an arbitration agreement. The court held that, because the district court did not undertake the appropriate inquiry - whether, based on the parties' submission for the arbitration agreement, the arbitrator had the authority to reach an issue, not whether the arbitrator decided the issue correctly - and instead substituted its own legal analysis for that of the arbitrator's, the court reversed the judgment of the district court. The court also held that, because the court found that the arbitrator acted within her authority to reach an issue properly submitted to her by the parties and reached her decision by analyzing the terms of the agreement in light of applicable law, the award should not have been vacated. Accordingly, the court remanded with instructions to confirm the award.

Respondent filed a sex discrimination suit against petitioner alleging violations of the Texas Commission on Human Rights Act, Tex. Lab. Code 21.001-.556, where petitioner terminated its employment of respondent citing as the basis for its decision a reduction in force due to worsening business conditions. The parties sought arbitration and petitioner appealed the arbitrator's reward. At issue was whether the Texas General Arbitration Act ("TAA"), Tex. Civ. Prac. & Rem. Code 171.001-.098, precluded an agreement for judicial review of an arbitration award for reversible error, and if not, whether the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16, preempted enforcement of such an agreement. The court held that the TAA presented no impediment to an agreement that limited the authority of an arbitrator in deciding a matter and thus allowed for judicial review of an arbitration award for reversible error. The court also held that the FAA did not preempt enforcement of an agreement to expanded judicial review of an arbitration award enforceable under the TAA. The court further held that, on remand, the court of appeals must determine whether the record was sufficient to review petitioner's complaints. Therefore, the judgment of the court of appeals must be reversed and the case remanded to that court for consideration of the merits of petitioner's challenges to the arbitration award.