Arbitration

July 23rd, 2019 by Rieders Travis in Arbitration

ARBITRATION-INTENT TO ARBITRATE Fox v. Kevin Berry Do Kmb Plumbing & Elec., 2021 U.S. Dist. LEXIS 169684 (M.D. Pa. September 8, 2021) (Mariani, J.).  This case, which is an FLSA (Fair Labor Standards Act) case, cites to my case of Par-Knit Mills, Inc. v. Stockbridge Fabrics Co., Ltd., 636 F.2d 51, 54 (3d. Cir. 1980).  Of course, this is important as a result of Pennsylvania’s new Uniform Arbitration Act.  A jury makes a decision as to whether there is an agreement to arbitrate. ARBITRATION-AMAZON Harper v. Amazon, 2021 U.S. App. LEXIS 26959 (3rd Cir. September 8, 2021) (Matey, C.J.).  Robert Harper spends part of his time making deliveries for Amazon as a “flexible” driver, one of those once unknown, now ubiquitous, jobs of the twenty-first century. Harper alleges Amazon owes him wages and tips. Perhaps they do. But before answering that question, the District Court must first ask another: whether Harper’s claims belong in arbitration. This inquiry, as we hold today, respects the balance of authority between the several States and the United States and requires federal courts sitting in diversity to decide state law claims, including state arbitrability, even…