Originally from Dispute Resolution Journal

Employment

Standard of Review

The 9th Circuit affirmed an arbitration award against a terminated employee, holding that the Federal Arbitration Act (FAA) provides for limited judicial review, which cannot be expanded by the parties, and that the arbitrator did not manifestly disregard the law.

Biller, a former in-house counsel for Toyota Motor Sales with responsibilies on product liability mattters, made a claim for constructive wrongful discharge related to alleged unethical discovery practices by the employer. The parties signed a settlement and severance agreement, or alleged breach of the severance agreement.

Biller v. Toyota Motor Corp., 668 F.3d 655 (9th Cir. 2012)

John Carey, Individually and On Behalf of Other Employees Similarly Situated v. 24 Hour Fitness, USA, 669 F.3d 202 (5th Cir. 2012).