Arbitration

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The Wisconsin Court of Appeals recently addressed a question of first impression concerning the scope of a circuit court’s authority when a dispute is subject to mandatory arbitration. In Herbal Aspect LLC v. Gish, the court held that a circuit court retains authority to consider and grant a temporary injunction to preserve the status quo, even after determining that the merits of the dispute must be resolved through arbitration.

The underlying dispute arose out of competing claims over ownership…
Continue Reading Wisconsin Court of Appeals Confirms Courts May Issue Temporary Injunctions Pending Arbitration

In Quality Custom Distribution Services LLC v. International Brotherhood of Teamsters, Local 710, the U.S. Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) upheld an arbitrator’s ruling requiring the employer to compensate workers for lost wages during the COVID-19 pandemic. The case underscores both the advantages and challenges of arbitration, emphasizing the finality of arbitrators’ interpretations of collective bargaining agreements (“CBAs”).
Background
Quality Custom Distribution Services LLC (“QCD”) entered into a CBA with Teamsters Local 710, which…
Continue Reading Seventh Circuit Upholds Arbitration Award Reinforcing Binding Nature of Arbitration Decisions

A recent appellate court opinion out of New Jersey, McGinty v. Zheng (Sept. 20, 2024), which addressed issues surrounding arbitration agreements in the context of personal injury claims, sparked my interest.

The McGinty case is a pivotal example of how courts are interpreting arbitration agreements in the digital age, and serves as a significant reminder for lawyers about the enforceability of arbitration clauses and the implications of user agreements in digital platforms.

Teresa Kobelt headshot

Teresa Kobelt, U.W. 1988, is an

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Continue Reading A New Jersey Case and the Insidiousness of Arbitration Agreements