ARBITRATION-EMPLOYMENT AGREEMENT

August 15th, 2022 by Rieders Travis in Arbitration

Abdurahman v. Prospect CCMC LLC, 2022 U.S. App. LEXIS 20823 (3rd Cir. July 28, 2022) (Matey, C.J.)  A company cannot benefit by an employment arbitration agreement based upon agency principles and equitable estoppel.  Arbitration can only be asserted by the company with whom the employee signed the agreement.  Pennsylvania laws apply to the threshold questions.  A non-signatory may not embrace some contractual terms while denying others, such as an arbitration clause.  There is nothing in the contract at issue to estop the plaintiff from repudiating.  A sibling corporate relationship without more cannot establish the “obviously close nexus” necessary to invoke estoppel.  There are two contracts with two sets of signatories, and both can be performed without conflict or inequity.  The claim against the one party, further, is outside the arbitration agreement.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

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