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Mar 8, 2022

Rescission of Agreement Defeats Arbitration Clause

Authored by: Marcia M. Ernst The Eleventh Circuit Court of Appeals recently affirmed the district court’s denial of a defendant’s motion to compel arbitration because the parties had mutually rescinded the settlement agreement containing the arbitration clause. In Reiterman v. Abid,[1] a law school admissions test prep teacher sued a former student in 2018, claiming she had defamed him by creating anonymous blogposts that accused him of sexually assaulting multiple women.[2] The former student denied involvement in the internet smear campaign, and the teacher and student entered into a settlement agreement in the summer of 2018. The settlement agreement included… Read more


Nov 7, 2018

OSHA Court Case Shows Limits on Safety Inspections

OSHA Safety Inspections

A recent ruling by the Eleventh Circuit Court of Appeals could limit OSHA’s ability to search for other hazards when investigating an accident. Many employers have traditionally allowed OSHA inspectors to expand their inspection to areas in the workplace not directly related to the accident under investigation, leading them to identify other hazards that often result in additional penalties. However, a Georgia poultry plant challenged this practice when OSHA showed up to investigate an accident involving a worker being burned. An attorney for the chicken plant refused to allow the inspector to walk through the plant to examine the tools… Read more


Dec 4, 2017

Supreme Court to Hear Arguments in Solar Power Dispute

Solar Panels

The Supreme Court of the United States announced on Friday, December 1 that it would hear an Arizona utility’s appeal of a Ninth Circuit Court of Appeals decision[1] ruling that a rooftop solar company’s antitrust lawsuit against the utility may move forward. SolarCity, a wholly owned subsidiary of Tesla Motors, sued Salt River Project, a utility regulated by Arizona, over the utility’s 2015 decision to charge a fee for solar power systems operated by individuals, many of which are installed by SolarCity. In the lawsuit, SolarCity claimed that these fees were implemented to make rooftop solar systems too expensive to… Read more