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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
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.”
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
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?
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
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
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
Current Search
- Jurisdiction - USA
- Workarea - Arbitration
- Workarea - Employment & Labor
- Firm Name - Baker & Hostetler LLP
- Author - John B. Lewis