A defendant’s attempt to compel arbitration of class members’ claims by sending class members a new arbitration agreement after the lawsuit already was filed constituted an improper class communication; the agreement could not be used to compel arbitration. Balasanyan v. Nordstrom, Inc., No. 11-cv-2609, 2012 WL 760566 (S.D. Cal. Mar. 8, 2012). After a wage and hour class action had been filed, the defendant employer sent to the class members a new dispute resolution agreement containing an arbitration clause for all past, present and future disputes. The court found that the communication constituted an improper attempt to alter the pre-existing arbitration agreement with putative class members during litigation, and held the new agreement to be invalid and arbitration non-enforceable.
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New arbitration agreement may not be imposed after class suit already was filed
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