Searching Content indexed under Trials & Appeals & Compensation by John Lewis ordered by Published Date Descending.
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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
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
California Supreme Court Denies Sequenced Discovery In Representative PAGA Action
On July 13, 2017, the California Supreme Court rejected lower court holdings that limited an employee's ability to secure statewide employee contact and employment information in a representative...
United States
25 Jul 2017
Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers
The Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co. enforcing an EAP that requires employees to submit their employment and compensation claims to individual arbitration.
United States
9 Sep 2016
Eighth Circuit Stays The Course In The Cellular Sales Of Missouri Opinion, Rejecting The NLRB's Arguments Against Class Waivers
Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board's ("Board") arguments...
United States
10 Jun 2016
Standing Together To A Point: Spokeo Holding Reflects Broad Supreme Court Agreement On Standing Rules In Actions Raising Statutory Violations
Amid the meteoric rise of statutory damage class action filings, the Supreme Court laid out ground rules on Monday for when a case meets both components of the injury-in-fact requirements of Article III.
United States
24 May 2016
Tyson Foods, Inc. V. Bouaphakeo: The Supreme Court Produces A Narrow Holding Involving FLSA Precedent And Rule 23 Principles
Employees have been bringing wage-and-hour collective actions since long before class procedures were officially integrated into the Federal Rules of Civil Procedures in 1966.
United States
4 Apr 2016
The Fifth Circuit Addresses An Issue That Refuses To Die: Who Determines Whether Class Or Collective Arbitration Is Available?
We opined on several occasions that cases dealing with a party's entitlement to class or collective arbitration were a dying breed because of the increased use of class action waivers.
United States
4 Apr 2016
The Next Chapter – Uber Responds To District Court Order With A New Arbitration Agreement
Not only did Uber respond to the district court's December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers.
United States
22 Dec 2015
PAGA In The News – Ninth Circuit Sides With California Supreme Court On Enforcement Of PAGA Waivers And California Amends The Statute
Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule...
United States
13 Oct 2015
Following The Sixth Circuit's Lead, Ohio Appellate Courts Find Whether An Agreement Allows Class Arbitration Is A "Gateway Issue"
As we stated previously, the potential impact of whether entitlement to class arbitration is a "gateway issue" will likely diminish with each passing year.
United States
15 Sep 2015
Justices Pass On Second Opportunity To Resolve The California PAGA Divide In The Bridgestone Case
For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state's Private Attorneys General Act (PAGA) could not be waived in a mandatory arbitration agreement.
United States
5 Jun 2015
Video Interview: Discussing Social Media And Class Actions With LXBN TV (Video Content)
Following up on my recent post discussing the use of social media for class action notices in a lawsuit filed against Gawker Media, I had the opportunity to discuss the subject with Colin O’Keefe of LXBN.
United States
28 Apr 2015
Opalinski V. Robert Half International, Inc. — A Footnote In A Prior Opinion Doesn’t Signal The Supreme Court’s Willingness To Resolve Who Decides The Availability Of Class Arbitration
While it may have been intellectually stimulating for the Court to decide Opalinski, the potential impact of such an opinion on the conduct of arbitrations diminishes with each passing year.
United States
23 Mar 2015
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