Mr. Valenti Featured in August Newsletter
In the August 12th edition of Mediators Beyond Borders, Peace & Reconciliation Report, Mr. Valenti is featured on page 3, announcing him as the New Project Manager.
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 Court Retains Jurisdiction Over Unconscionability Challenge Because Parties Did Not Delegate Questions of Arbitrability to the Arbitrator
In a case arising from a franchise dispute, a federal district court in Massachusetts ruled that the court, not an arbitrator, should determine the issue whether the arbitration agreement was unconscionable because the parties did not agree to delegate questions of arbitrability to the arbitrator. Moreover, the agreement restricted the arbitrator's authority to strike any offending provisions. Click here to read more... |
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Arbitration Agreement Does Not Apply Retroactively; Lack of Mutuality Not a Bar to Enforcement Where only Employee May Bring Discrimination Claim
A federal court in the District of Columbia found that an arbitration agreement did not apply retroactively to a pre-existing claim of employment  discrimination, that a lack of mutuality is not a bar to enforcement because only the employee may bring discrimination claims, and that the arbitrator, not the court, should decide the course of discovery despite existing case law requiring some access to discovery.
In Shelton v. The Ritz Carlton Hotel Co., LLC, No. CIV.A.07-2171, 2008 WL 1976556 (D.D.C. May 8, 2008), Shelton sued the Ritz for discrimination based on its failure to promote her in either May or September 2005.
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 Party Waived Right to Arbitration by Conducting Discovery on Merits
A Florida appellate court reversed the lower court's decision and determined that a development company had waived its right to arbitrate by conducting discovery on the merits of the case.
In Olson Electric Co. v. Winter Park Redevelopment Agency, No. 5D07-3915, 2008 WL 2774449 (Fla. Dist. Ct. App. July 18, 2008), Olson sued Winter Park for breach of contract and foreclosure of a construction lien. Winter Park argued that Olson's claims were subject to the parties' arbitration agreement. Nevertheless, Winter Park proceeded to file discovery-related pleadings directed at the merits of the case.
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