Category Archives: Federal Rules for Employment Law

What are the federal rules for employment law in DC? Our Washington DC employment attorney discusses state and federal rules to know.

Arbitration News: Sanctions for Misconduct in Arbitrations Under FAA Arbitration Agreements

By Richard T. Seymour www.RickSeymourLaw.com Copyright © 2010, Richard T. Seymour Case: Positive Software Solutions, Inc. v. New Century Mortgage Corp. et al. v. Camina Decided: September 13, 2010 By: U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) Available at: http://www.ca5.uscourts.gov/opinions/pub/09/09-10355-CV0.wpd.pdf and 2010 WL 353001 Issue: When — (a) a Federal court orders arbitration pursuant to an arbitration agreement, (b) and not as part of a court-developed procedure under a local court’s Alternative Dispute Resolution procedures or a special order in the case, (c) and counsel commit misconduct in the arbitration, (d) and the arbitrator had authority to issue sanctions for that misconduct, Does the Federal court have inherent authority to issue sanctions for the misconduct? Answer: No. The district court’s sanction of $10,000 against attorney Camina, representing part of Positive Software’s attorneys’ fees, was reversed. Limitations: The court’s holding is: — Limited to misconduct occurring…
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Posted in Baseless Cases for Washington DC Employment Law, Federal Rules for Employment Law, Meritorious Cases for Employment Law, Washington DC Arbitration, Workplace Retaliation | Leave a comment

Nov. 17, 2008 Statement on Summary Judgment Rules to the Federal Courts’ Advisory Committee on the Civil Rules

November 17, 2008 STATEMENT OF RICHARD T. SEYMOUR ON RULE 56, FED. R. CIV. PRO., BEFORE The focus of my statement is on why it seems to me that the Committee should reject the recommendations of some that the use of summary judgment should be increased by making the grant of summary judgment mandatory in some circumstances. Thank you for providing this opportunity to speak on the proposed amendments to Rule 56. It is clear that some cases or defenses are filed without an adequate basis or that their lack of a basis becomes clear in discovery. Rule 56 is an essential tool for striking untenable claims and defenses. I have used it in employment discrimination cases in seeking and obtaining partial summary judgment on questions of liability and of remedy. The focus of my statement is on why it seems to me that the Committee should reject the recommendations…
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Posted in Baseless Cases for Washington DC Employment Law, Discrimination in the Workplace, Employer Retaliation, Federal Rules for Employment Law, Hostile Environment at Work, Meritorious Cases for Employment Law, Sexual Harassment in the Workplace, Summary Judgment in Employment Law Cases | Comments Off on Nov. 17, 2008 Statement on Summary Judgment Rules to the Federal Courts’ Advisory Committee on the Civil Rules