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Class action waivers and arbitration agreements - justices divided on validity of effective vindication of rights analysis in AMEX oral argument

Baker & Hostetler LLP
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USA
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March 5 2013

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue

NLRB judge follows D.R. Horton despite differences in company's arbitration procedure

Baker & Hostetler LLP
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USA
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July 12 2012

A National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) found a company’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) despite the fact that its arbitration procedure permitted employees to act concertedly to challenge the terms of the agreement and provided the parties could jointly agree to class claims

Second Circuit declines en banc review in AMEX arbitration agreement case: a Donnybrook over class action waivers and vindication of federal statutory rights

Baker & Hostetler LLP
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USA
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June 5 2012

On February 1, 2012, a two-judge panel of the Second Circuit reaffirmed its holding in an antitrust action brought against American Express (“AMEX”) that class action waivers involving federal statutory rights were unenforceable

Court rejects NLRB's restrictive view of class action waivers in arbitration

Baker & Hostetler LLP
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USA
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May 17 2012

A Northern District of California judge has held that neither the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012), nor the Norris-LaGuardia Act, 29 U.S.C. 101 et seq., can change the Concepcion outcome

Pattern-or-practice claim doesn't trump arbitration agreement - Karp v. Cigna Healthcare Inc.

Baker & Hostetler LLP
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USA
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April 23 2012

Once again a court has been required to consider whether a federal statutory claim might limit the reach of the Federal Arbitration Act, 9 U.S.C. 1 et. seq. (“FAA”), and prevent arbitration of an individual discrimination claim

The Supreme Court reaffirms manadatory arbitration in CompuCredit Corp. v. Greenwood: the antidote for D.R. Horton?

Baker & Hostetler LLP
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USA
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January 20 2012

Is the Supreme Court’s January 10th opinion in CompuCredit Corp v. Greenwood a potential antidote for the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton?

NLRB holds class action waivers violate the National Labor Relations Act

Baker & Hostetler LLP
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USA
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January 9 2012

In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.”

Eighth Circuit affirms enforcement of class action waivers and explores case disposition issus

Baker & Hostetler LLP
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USA
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September 13 2011

In a terse but well-reasoned decision, the Eighth Circuit recently affirmed the grant of a motion to compel arbitration and enforced a class action waiver despite arguments that it was unenforceable under Minnesota law

When does "silence" become "implicit" agreement? The saga of Jock v. Sterling Jewelers, Inc.

Baker & Hostetler LLP
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USA
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July 11 2011

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding

Franken-Bill would have a monstrous impact on mandatory arbitration clauses

Baker & Hostetler LLP
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USA
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May 24 2011

In the wake of the Supreme Court's April 27th decision in AT&T Mobility v. Concepcion.pdf, Senator Al Franken (D-Minn) and others re-introduced legislation (S.987, H.R. 1873.pdf) that would forbid pre-dispute mandatory arbitration agreements in employment, consumer or civil rights disputes