The United States Supreme Court, in Epic Systems Corp. v. Lewis, upholds employer/employee right to contract and agree to individualized arbitration in employment agreements.

Epic Systems Corp. v. Lewis In Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), the United States Supreme Court addressed the issue of whether an agreement requiring an employer and an employee to resolve disputes through individualized arbitration (i.e. waiving class and collective proceedings) is enforceable under the Federal Arbitration Act (FAA) and… Read More

Offers of Judgment after Campbell-Ewald v. Gomez and Fulton Dental LLC. v. Bisco Inc.

Federal Rule of Civil Procedure 68, Offers of Judgment, is a procedural mechanism that is used by defense counsel to resolve cases and avoid litigation. The purpose of the Rule is to encourage settlements. Rule 68 permits a defendant to serve the plaintiff with an offer of judgment up to 14 days before trial. See… Read More

Limited Circumstances for Wrongful Discharge Claims in Virginia

On February 23, 2017, the Supreme Court of Virginia issued its opinion in Francis v. National Accrediting Commission of Career Arts & Sciences, 293 Va. 167 (2017).  In Francis, the Court relied on its earlier decision in Bowman v. State Bank of Keedysville, 229 Va. 534 (1985), which established a public policy exception to Virginia’s… Read More