Searching Content indexed under Litigation, Mediation & Arbitration by John Lewis ordered by Published Date Descending.
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Third Circuit Opinion Involving Uber Only Adds More Questions To The Dispute Over The Scope Of The FAA Section 1 Residual Clause
Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods
United States
20 Sep 2019
Ohio Supreme Court Addresses Waiver Of The Right To Arbitrate In The Putative Class Action Context
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right
United States
22 Aug 2019
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
NY Law Doesn't Prevent Arbitration Of Sexual Harassment Claims
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes
United States
16 Aug 2019
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
SCOTUS Reverses Ninth Circuit On Proper Bases For Class Arbitrations
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a "contractual basis for concluding that the part[ies] agreed to [class arbitration]."
United States
10 May 2019
Kentucky Rejoins The Majority – New Law Permits Mandatory Arbitration Agreements
A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable.
United States
10 Apr 2019
Arbitration For Transportation Workers? The Anticipated Push To Expand The FAA Exemption
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry.
United States
21 Mar 2019
Fifth Circuit Addresses Notices Of Collective Action For Those Who Signed Arbitration Agreements Requiring Only Individual Claims
The intersection of FLSA collective action procedures and employee arbitration agreements waiving aggregate actions has led to differing approaches among the district courts.
United States
5 Mar 2019
New Prime Decision Adds Uncertainty to Arbitration In The Transportation Industry
The U.S. Supreme Court's decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers both employees and independent contractors of a trucking company.
United States
23 Jan 2019
Supreme Court Decides First Arbitration Case On Its Docket – Henry Schein, Inc. v. Archer & White Sales, Inc.
As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court's docket.
United States
21 Jan 2019
What's Ahead At The Supreme Court?
There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers
United States
28 Dec 2018
Fifth Circuit Holds That The Company In Class Action Waived Its Right To Arbitrate Because Of Litigation Conduct
The standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the circuits or easily applied.
United States
7 Dec 2018
Another Bill Aimed At Employee Arbitration Agreements – This Time To Nullify Epic Systems
On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice for Workers Act, H.R. 7109.
United States
12 Nov 2018
Yet Another Opinion Addresses The Availability Of Class Or Collective Arbitration And Whether It Is A ‘Gateway Issue' For The Court – Herrington v. Waterstone Mortgage Corp.
We didn't expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these aggregate arbitration questions.
United States
30 Oct 2018
O'Connor V. Uber: The Ninth Circuit Unravels The Class Certification Orders In Appeals From Four Related Actions
In O'Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen's rulings, reversed the denial of Uber Technologies Inc.'s motions...
United States
1 Oct 2018
Supreme Court Upholds Legality Of Class Action Waivers In Arbitration Agreements In The Employment Context
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court's decision in Epic Systems Corp. v. Lewis ...
United States
23 May 2018
The Legality Of Class Action Waivers In Arbitration Agreements – SCOTUS Finally Speaks
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court's decision in Epic Systems...
United States
23 May 2018
Gutierrez V. Wells-Fargo Bank – Eleventh Circuit Sheds More Light On Waiver Of Arbitration Rights In Putative Class Setting
Whether a defendant has waived its right to arbitrate as to unnamed class plaintiffs has been a troubling issue.
United States
17 May 2018
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