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The "Separability Doctrine:" The Continuing Impact of Prima Paint in Georgia, Alabama, and the Eleventh Circuit ( March 2004 )
The Alabama state law policies favoring judicial determination of "arbitrability" clearly conflict with the Eleventh Circuit's policy preferences favoring arbitration and its emphasis on the parties' presumptive assent. This conflict may be of particular interest in the construction context, in light of the numerous lawsuits brought under Alabama's harsh qualification statutes. -
Be Cautious About Arbitration Clauses ( April 2003 )
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns. -
CA Decisions Clarify Enforceability of Arbitration Agreements ( October 2000 )
This article reviews Armendariz v. Foundation Health Psychcare Services whereby the California Supreme Court analyzed the enforceability of arbitration agreements and added a new criterion for determining whether arbitration agreements required as a condition of employment are enforceable. -
Alternative Dispute Resolution Developments ( August 1999 )
This article examines Kahn Lucas Lancaster, Inc. v. Lark International, Ltd. and KKW Enterprises, Inc. v. Gloria Jean's Gourmet Coffees. -
Employer-Mandated ADR Programs Come Under Attack ( August 1998 )
This article concerns recent court decisions that effect an employers need to carefully reassess their programs requiring mandatory arbitration of employment claims. -
Pre-Dispute Arbitration Agreements and Their Application to Statutory Discrimination Claims ( May 1998 )
Pre-dispute arbitration agreements are those agreements between an employer and an employee that require an em.
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