Category: Arbitration: Class

Arbitration: Class Action, Waiver, FAA, Employment: Employment Contract Providing For Individualized Arbitration Provisions Not Invalidated By The Federal Arbitration Act’s Savings Clause, The Fair Labor Standards Act, Or National Labor Relations Act

May 22, 2018 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

FAA Collective Actions And Related State Law Class Actions Governed By Individualized Arbitration Proceedings Under Employment Contract. On May 21, 2018, the United State Supreme Court issued its decision in Epic Systems Corp. v. Lewis, 584 U.S. __, No. 16-285. SCOTUS decided that the FAA instructed federal courts to enforce individualized arbitration proceedings under an […]

Arbitration, Class Action Waiver: SCOTUS Grants Certiorari To Review Whether Generalized Language In Arbitration Agreements Forecloses A State Law Interpretation Authorizing Class Arbitration Under The FAA

May 12, 2018 · Arbitration: Class, Arbitration: Waiver

Issue Deals With Whether Generalized Language Was Akin To Silence Under Stolt-Nielsen. In Stolt-Nielsen v. AnimalFeeds International Corp., 55 U.S. 662, 684, 687 (2010), the U.S. Supreme Court (SCOTUS) held that the differences between bilateral and class-action arbitration are too great to presume the parties’ mere silence on the issue of class-action arbitration constitutes […]

Arbitration/FAA/Class Action/Standard Of Review: Court Of Appeal Rejects Enforcing Class Action Waiver Under Federal Arbitration Act, Because FAA Does Not Apply To Workers Engaged In Transporting Goods

February 23, 2018 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Standard of Review, Arbitration: Waiver

Gentry v. Superior Court: It's Alive, It's Alive! Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) held that class action waiver provisions in a contract are unenforceable, and a motion to compel arbitration may be denied, where the so-called "Gentry factors" are satisfied, and it is determined that a class action is a […]

Arbitration, Class Action, Waiver, FAA, Employment: Oral Argument For Epic Systems Corp v. Lewis And Consolidated Cases Is Now Available On-Line

October 9, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Epic Systems Corp. And Consolidated Cases Pit FAA Against NLRA. Does the right to arbitrate a case under the Federal Arbitration Act trump the right of employees to engage in concerted activity under the National Labor Relations Act by filing a class action lawsuit against an employer? Oral argument in Epic […]

Arbitration, Class Action, Waiver, FAA: We Eagerly Wait The First Monday In October, And The SCOTUS Hearing On Three Consolidated Arbitration Cases

September 28, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

A Couple Of New Tidbits From SCOTUS Blog. Amy Howe posted again in SCOTUSBlog on September 25, 2017, about the upcoming hearing on October 2 of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, cases requiring SCOTUS to reconcile the Federal […]

Arbitration/Class/Employment: When Worlds Collide — SCOTUS Will Hear Major Arbitration Cases Pitting NLRA Against FAA At Beginning Of New Term

September 21, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Headline Of Article In The Economist Neatly Sums Up The Stakes: "Can Companies Block Employees' Class-Action Lawsuits?" Steven Mazie has authored an article in the September 20, 2017 online edition of The Economist about the competing interests at stake in the three arbitration cases that SCOTUS will hear on October 2 at the […]

Arbitration, Class, Waiver, Collective Bargaining: 2/7 CCA Affirms Part Of Order Requiring Arbitration, Grants Part To Deny Arbitration Of Statutory Claims To Pay Wages Timely And For Unlawful Competition, Agrees Class Action Waived

September 4, 2017 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Waiver

Arbitration Was Required Under A Collective Bargaining Agreement That Did Not Provide For Class Arbitration. Brushing aside thorny appealability issues, Cortez v. Doty Bros. Equipment Company, B275255 (2/7 filed 8/15, pub. order 9/1/17) (Perluss, Zelon, Segal) treated an employee's appeal as a writ of mandate, enabling the Court to address the effect of […]

Arbitration, Class Action, Waiver: Defendant Who Decides Not To Arbitrate Against Named Plaintiff Waives Right To Compel Arbitration Against Absent Class Members

August 28, 2017 · Arbitration: Class, Arbitration: Section 1281.2, Arbitration: Waiver

Unreasonable Delay Supported Trial Court's Finding Of Prejudice, Resulting In Waiver Of Right To Arbitrate. Sprunk, et al. v. Prisma LLC, B268755 (2/1 8/23/17) (Lui, Chaney, Johnson) holds that, under the circumstances, defendant Prisma LLC aka "Plan B", an employer of exotic dancers, waived its right to seek arbitration "by filing and then […]

Arbitration, Class Action, Waiver, FAA: Coming Soon To The Supreme Court: Can Employees Sign Away Their Rights In Arbitration Provisions To Sue Their Employer In A Class Action?

August 23, 2017 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Subscript Law Has A Snappy Explainer. Today's SCOTUSBlog mentions that Subscript Law has a nice explainer boiling down three consolidated arbitration cases that the United States Supreme Court will be hearing at the beginning of its new term. The key issue in these cases: can employees sign away their rights to file class […]

Arbitration, Employment, Class Actions, Waivers: Anita Hill’s Op-Ed In NYT Today Argues Class Actions Could Fight Discrimination In Tech, But Soft-Pedals Obstacle Of Arbitration/Class Action Waivers

August 8, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

My Mini-Comment Is Posted To NYT Website. Anita Hill, who famously testified during Justice Clarence Thomas's confirmation hearing, has written an Op-Ed for the NYT entitled, "Class Actions Could Fight Discrimination In Tech", appearing on-line today, August 8, 2017. She observes, uncontroversially: "Women in tech no doubt have hurdles to bringing class-action lawsuits, including […]