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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
2
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
3
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
4
[Gasp!] Epic Systems Decision Applies To FLSA Claims
No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court's decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] applies to claims under the Fair Labor Standards Act (FLSA).
United States
24 Aug 2018
5
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
6
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
7
Convergys Corporation And Logisticare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class And Collective Action Waivers Without Arbitration Agreements
The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies...
United States
22 Aug 2017
8
Digging In Its Heels: Disputing The DOJ's Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration...
United States
18 Aug 2017
9
Nlrb V. Alternative Entertainment, Inc. – Sixth Circuit Joins The Seventh And Ninth Circuits In Rejecting Class Waivers
In a strangely timed opinion, the Sixth Circuit has entered the fray over whether class and collective waivers in employee arbitration agreements violate the National Labor Relations Act (NLRA).
United States
14 Jun 2017
10
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
11
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
12
Reining In Individual Arbitration – Ninth Circuit Rules Class Waivers Unenforceable
In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the NLRB position that the NLRA prohibits class action waivers in employees' arbitration agreements.
United States
30 Aug 2016
13
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
14
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
15
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
16
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
17
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
18
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
19
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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