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Arbitration

Commonwealth Court of Pennsylvania
Uncategorized

Freeport Area School District v. Freeport Education Association — Commonwealth Court Reinstates Arbitration Award on Teacher’s Right to Decline FMLA Designation

The Commonwealth Court reversed a trial court order vacating an arbitration award and reinstated the award in favor of a teachers’ union, holding that where a CBA incorporates FMLA and the applicable FMLA rule is not subject to well-established case law or clear precedent, judicial review is limited to the deferential essence test — and the arbitrator’s conclusion that a school district could not unilaterally designate an employee’s absence as FMLA leave was rationally derived from the CBA.

Appellate Division, Second Department
Uncategorized

Matter of Lipsky v. Groundbreakers Contracting — Court Confirms Arbitration Award: Written Submissions Were Sufficient, No Formal Hearing Required

Second Department reverses vacatur of arbitration award in construction subcontract dispute: arbitrator properly resolved the matter on written submissions after parties agreed to a paper-based process — skipping a scheduled conference call did not constitute a failure to hold a required hearing.

Appellate Division, First Department
Uncategorized

Matter of SLG 810 Seventh Lessee LLC v. Tydel Holding Corp. — Commercial Lease Arbitration Award Remanded for Unresolved Rent, Surrender, and Interest Issues

The First Department remands a commercial lease arbitration award back to the arbitrators where the panel determined liability for unpaid rent but left open the effect of the tenant’s surrender, whether future rent obligations survived lease termination, and how interest and post-award obligations should be calculated.

Appellate Division, First Department
Uncategorized

Matter of USAA Cas. Ins. Co. v. Kastor — First Dept. Affirms Stay of Uninsured Motorist Arbitration for Failure to File Sworn Hit-and-Run Claim Statement

The First Department affirmed a permanent stay of a claimant’s demand for uninsured motorist arbitration after he failed to comply with the SUM endorsement’s notice requirements — specifically, he never filed the required sworn statement identifying the accident as a hit-and-run and establishing the requisite physical contact, until his arbitration demand nearly eleven months after the accident.

Appellate Division, Second Department
Uncategorized

Concrete Structures v. Armory Builder III — Arbitration Award for Wrongfully Terminated COVID Shutdown Subcontractor Confirmed

The Appellate Division, Second Department affirms confirmation of a $1.09 million FAA arbitration award in favor of a concrete subcontractor wrongfully terminated during the COVID-19 construction shutdown, rejecting the general contractor’s argument that the panel’s ruling manifestly disregarded the law.

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