Category: Arbitration: Class

Arbitration, Delegation, Class Action: Fourth District, Div. 3 Holds Arbitrator Must Decide Class Action Question Based On Language Of The Arbitration Agreement

July 23, 2017 · Arbitration: Class, Arbitration: Delegation

In California, There Is No Universal Rule That Arbitrator Or Court Decides Whether A Class Action Can Be Arbitrated — It Depends On The Agreement. The United States Supreme Court has held that a party may not be compelled to submit to class arbitration unless there is an express contractual basis for concluding the […]

Arbitration/Employment/Class Actions/Pending Cases: Office Of The Solicitor General Changes Its Position On NLRB v. Murpy Oil, USA

June 19, 2017 · Arbitration: Class, Arbitration: Employment, Pending Cases

The Issue: Do Employee Agreements To Waive Class Actions And Arbitrate Violate The Right Of Employees To Engage In Collective Action Under The National Labor Relations Act? Amy Howe reports on June 19, 2017, in SCOTUSBlog, that the Office of the Solicitor General, after the change of administration, has done a volte-face in a […]

Arbitration/Waiver/Public Policy/FAA: California Supreme Court Rules That Arbitration Provision Eliminating Any Forum For Obtaining “Public Injunctive Relief” Is Unenforceable

April 6, 2017 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Nor Is There Federal Arbitration Act Preemption. In a long-awaited and important decision, the California Supreme Court addresses the validity of a provision in a predispute arbitration agreement that waives the right to seek “public injunctive relief” as a statutory remedy in any forum. McGill v. Citibank, N.A., No. S224086 (Sup. Ct. 4/6/17). Reversing the […]

Arbitration/Class Action Waivers: Supreme Court Has Granted Cert To Hear Cases Addressing Whether National Labor Relations Act Prohibits Class Action Waivers

January 17, 2017 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Ninth Circuit Case of Morris v. Ernst and Young Is One Of The Three Cases. On December 9, 2016, I linked my article on "The Politics of Arbitration" to this blog. In that article, I predicted, "Morris [v. Ernst and Young] could serve as a springboard for sending divergent opinions about the enforceability of arbitration […]

Arbitration, Employment: Ninth And Fifth Circuits Split On Whether Arbitration Agreements With Collective/Class Action Waivers Violate The NLRB.

December 9, 2016 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Federal Arbitration Act, Arbitration: Waiver

In The Fifth Circuit, D.R. Horton Inc. v. NLRB, 737 F.3d 344, Is Dispositive. In an unpublished opinion, Citigroup Technology, et al. v. NLRB, 15-60856 (5th Cir. 12/8/16) (per curiam), the Fifth Circuit grants Citigroup’s Petition for Review, and reverses the NLRB’s decision adverse to Citigroup, which seeks to enforce arbitration of an employee’s […]

Arbitration, Employment, FAA, Class, Waiver: Petition For Certiorari To SCOTUS Filed In NLRB v. Murphy Oil USA, Inc.

November 3, 2016 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

The Circuits Disagree About Class Action Waivers In Arbitration, The NLRA, And Prohibition Of “Concerted Activities” In Pursuit Of Employees’ “Mutual Aid Or Protection”. On October 11, 2016, I blogged that on September 8, a petition for a writ of certiorari had been filed by the accounting firm in Morris v. Ernst & […]

Arbitration, Employment, FAA, Class, Waiver: Petition For Certiorari To SCOTUS Filed In Morris v. Ernst & Young

October 11, 2016 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

On August 23, 2016, I blogged that the issue in Morris v. Ernst & Young was clearly framed by the majority and minority opinions, and almost certainly headed for Supreme Court Review. In that Ninth Circuit case, the majority held that an employer violates sections 7 and 8 of the National Labor Relations […]

Arbitration, Employment, Review: Are Class Action Waivers Requiring Individual Arbitration The Modern-Day Equivalent Of The “Yellow-Dog Contract”?

August 29, 2016 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver, Reviews

Jost On Justice Poses The Question. In his August 28, 2016 post, Prof. Kenneth Jost suggests, as I did in my August 23, 2016 post about Morris v. Ernst & Young, that the split among the circuits concerning the enforceability of employment contract clauses requiring disputes to be resolved through individual arbitration is likely […]

Arbitration, Employment: Ninth Circuit Rules That Employer Violates National Labor Relations Act By Requiring Employees To Agree Not To Bring “A Concerted Legal Claim” Involving Wages, Hours, And Terms Of Employment

August 23, 2016 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Federal Arbitration Act

Judge Ikuta Dissents: “This decision is breathtaking in its scope and in its error . . . “ The issue decided in Morris v. Ernst & Young, No. 13-16599 (9th Cir. 8/22/16) is clearly framed by the majority and dissenting opinions, and almost certainly headed for Supreme Court review. In a majority opinion authored […]

Arbitration, Class Actions: Uber And Out?–Class Settlement Of Claims Against Uber Is Rejected By District Court, Leaving Uber Drivers Potentially Exposed To Individual Arbitration Depending On 9th Circuit’s Inclinations

August 18, 2016 · Arbitration: Class

Enforceability Of Arbitration Provisions Is Uncertain, Threatening To Upset The Settlement Applecart. Joel Rosenblatt, reporting for Bloomberg on August 18, 2016, explains why San Francisco District Court Judge Edward Chen’s rejection of a class-settlement between Uber and its drivers may now give Uber the upper hand: the Ninth Circuit is poised to rule on […]