Arbitrating statutory rights in the union setting: breaking the collective interest problem without damaging labor relations

Article Abstract:

Unions and employers should establish a separate arbitration track to handle statutory claims made by individual employees within the labor arbitration process. Separating statutory claims from other collective bargaining issues would preserve labor's autonomy in arbitration and eliminate the collective interest problem with binding arbitration. The separation of claims would also meet procedural guidelines.

Cases, Negotiation, mediation and arbitration, Labor unions, Employment discrimination, Labor arbitration

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Medical monitoring plaintiffs and subsequent claims for disease

Article Abstract:

The author discusses whether collateral estoppel should apply in a toxic tort case where injuries arise which were not apparent in a prior suit when damages were awarded to pay for the plaintiff's future medical monitoring and emotional distress. She concludes that principles of adequate compensation of injured parties and public policy support not applying collateral estoppel in such a case.

Analysis, Forecasts and trends, Remedies, Personal injuries, Toxic torts, Patient monitoring, Physiologic monitoring, Res judicata

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Arbitrating consumer claims under the Magnuson-Moss Warranty Act

Article Abstract:

The Federal Trade Commission holds that binding arbitration agreements in warranties are not valid because the Magnuson-Moss Warranty Act does not provide for them. The FTC is here placing Magnuson-Moss in direct conflict with the Arbitration Act. It does not have the power to do this without a specific directive from Congress.

Warranty, Laws, regulations and rules, Powers and duties, United States. Federal Trade Commission, Commercial arbitration agreements

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