Law, Strategy, and Risk in Commercial Disputes
The Federal Aviation Act pre-empts state laws that "relate[] to a price, route, or service of an air carrier." The statute thus bars state law price-fixing claims against your American Airlineses, your U.S. Airwayses, your Virgin Americas, and — yes — even your Air Gumbos and your go!s.
But what about our foreign flying friends at…
Does a woman's belly show at eight months of pregnancy enough to make a potential employer's question of "[h]ow much longer do you have" questionable?
You have to ask?
How do you feel about the follow-up question: do you have any other children?
She did. And she didn't get the job.
Oddly, the case turned…
What do you do if you paid a bunch of money to settle a class action but some of the class members who didn't opt out demand that you arbitrate a dispute relating, at least in part, to the subject matter of the claims you settled?
You start by asking the arbitrators to stay their…
Does the federal Arbitration Act allow you to appeal an arbitrator's award to a federal court of appeals, skipping the district court? What if the other side agreed to the direct appeal thing?
The Ninth Circuit held in Johnson v. Wells Fargo Mortgage, Inc., No. 09-15937 (9th Cir. Feb. 15, 2011), that the Act bars…