I recently litigated the enforceability of a contractual arbitration provision contained in an electrical subcontract for work on a high-end residential project in the Chicago suburbs. The subcontractor fighting arbitration argued that the clause, drafted by the general contractor, was so one-sided against it, that it was unconscionable under Illinois law. [Among other things, the …
Tag Archives: arbitration
Texas Arbitration Provision Sounds Death Knell For Illinois Salesman’s Suit Against Former Employer – IL ND
(“Isn’t that remarkable…..”) The Plaintiff in Brne v. Inspired eLearning, 2017 WL 4263995, worked in sales for the corporate publisher defendant. His employment contract called for arbitration in San Antonio, Texas. When defendant failed to pay plaintiff his earned commissions, plaintiff sued in Federal court in his home state of Illinois under the Illinois Wage …
Shortened ‘Arb Award’ Rejection Deadline Upheld Against Constitutional Attack – IL Appeals Court
The First District appeals court recently nixed a plaintiff’s constitutional challenge to a local rule’s arbitration rejection deadline. The opinion’s upshot is clear: when a supreme court rule conflicts with a statute, the rule wins. The plaintiff in McBreen v. Mercedes-Benz, USA, LLC argued her equal protection and due process rights were violated when a …