Daily eBriefs - May 16, 2024

Contracts When a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, 9 U.S.C. §3 compels the court to issue a stay, and the court lacks discretion to dismiss the suit. Smith v. Spizzirri - filed May 16, 2024 Cite as 2024 S.O.S. 22-1218 Full text click here > http://sos.metnews.com/sos.cgi?0524//22-1218_5357

Daily eBriefs - May 9, 2024

Employment Law Absent a mandate which explicitly directs to the contrary, a district court upon remand can permit the plaintiff to file additional pleadings; plaintiffs adequately alleged facts that, if proved, triggered an ERISA plan administrator’s duty to provide pension benefit statements and they stated a viable ERISA claim by alleging that the plan administrator provided substantially inaccurate pension benefit statements Bafford v. Administrative Committee of the Northrop Grumman Pension Plan - filed May 9, 2024 Cite as 2024 S.O.S. 22-55634 Full text click here >http://sos.metnews.com/sos.cgi?0524//22-55634.

Daily eBriefs - May 6, 2024

Administrative Where a case was remanded to the National Labor Relations Board to explain better its decision that an employer may unilaterally cease union dues checkoff after the expiration of a collective bargaining agreement and the board rendered a new decision readopting its prior rule prohibiting employers from unilaterally ceasing dues checkoff after expiration of a collective bargaining agreement, the board did not exceed the scope of the mandate since the mandate did not clearly foreclose reconsideration of the board’s underlying rule regarding dues checkoff after expiration of the applicable collective bargaining agreement. Valley Hospital Medical Center v. National Labor Relations Board - amended May 6, 2024 Cite as 2024 S.O.S. 22-1978 Full text click here >http://sos.metnews.com/sos.cgi?0524//22-1978. Employment Law If an employer reasonably and in good faith believed it was providing a complete and accurate wage statement in compliance with the requirements of Labor Code §226, then it has not knowingly and intentionally failed to comply with the wage statement law. Naranjo v. Spectrum Security Services - filed May 6, 2024 Cite as 2024 S.O.S. 1524 Full text click here >http://sos.metnews.com/sos.cgi?0524//S279397.