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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
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
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
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
Independent Contractor Trucker Dodges FAA Arbitration And Keeps His Class Action Alive
In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit.
United States
25 May 2017
California Enacts Laws Aimed At Choice Of Law Provisions In Arbitration Agreements And The Conduct Of Arbitral Proceedings
Given California's past resistance to mandatory arbitration agreements with class action waivers, it should come as no surprise that the state has now enacted two laws primarily directed at arbitration.
United States
3 Oct 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
Lewis v. Epic Systems Opinion – Seventh Circuit Swimming Against The Tide On Mandatory Individual Arbitration
In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit split regarding the enforceability of arbitration agreements...
United States
6 Jun 2016
Collado v. J & G Transport, Inc. – When A Waived Right To Arbitrate Is Revived
Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 is but the latest example.
United States
27 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
District Judge Rules Uber's Arbitration Agreements Unenforceable On Public Policy Grounds
On September 2, we addressed the much-publicized O'Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District Court for the Northern District of California.
United States
17 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
The Supreme Court’s Denial Of Certiorari In Iskanian Only Hardens The Federal-State Divide Over PAGA Claims
The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee's ability to seek classwide or multiparty representational relief.
United States
31 Jan 2015
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