Darden: continuing trend of pro-arbitration decisions
The California Court of Appeal’s recent decision in Leos v Darden Restaurants continues the nationwide trend of courts enforcing arbitration provisions according to their terms.
The two plaintiffs alleged causes of action against their former employer, Darden Restaurants, under the Fair Employment and Housing Act and common law causes of action. They also sought declaratory relief that Darden’s arbitration provision was unenforceable.
When both employees were hired, they signed an acknowledgment stating that they had read and reviewed Darden’s dispute resolution process (DRP) booklet containing the arbitration provision at issue. After the plaintiffs filed their lawsuit, Darden filed a motion to compel arbitration pursuant to the DRP. The DRP provides a four-step process for the parties to resolve their dispute, the last of which allows either the employee or Darden to submit the matter to binding arbitration according to the Employment Dispute Resolution Rules of the American Arbitration Association…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Health Alert — Julia Clare v Australian Community Pharmacy Authority; Dr Reid v Medical Council of NSW; and more
DLA Piper has released the 22 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.