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Second Circuit upholds enforceability of arbitration agreements that bar Title VII class actions, finding that there is no substantive statutory right to pursue a pattern-or-practice claim

Sheppard Mullin Richter & Hampton LLP
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USA
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March 22 2013

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern

Eastern and Southern District Courts compel plaintiffs to arbitrate their FLSA collective action claims on an individualized basis

Sheppard Mullin Richter & Hampton LLP
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USA
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March 8 2013

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude

Class action waivers are enforceable despite any state statutory right to a class action

Sheppard Mullin Richter & Hampton LLP
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USA
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January 18 2013

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended

Supreme Court will now hear two appeals concerning class arbitration

Sheppard Mullin Richter & Hampton LLP
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USA
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December 14 2012

On Friday, December 7, 2012, the Supreme Court granted certiorari in Oxford Health Plans LLC v. John Ivan Sutter MD, No. 12-135 to address whether the parties to an arbitration agreement authorize class arbitration when the agreement provides that “any dispute” will be submitted to arbitration

Southern District of New York compels arbitration of FLSA collective action claims on an individualized basis

Sheppard Mullin Richter & Hampton LLP
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USA
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December 12 2012

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the Fair Labor Standards Act in Cohen v. UBS Financial Services, Inc., Docket No. 12 Civ. 2147 (BSJ)(JLC

Appellate panel tries to draft a roadmap for the California Supreme Court to save California's prohibition of class action waivers from U.S. Supreme Court precedent

Sheppard Mullin Richter & Hampton LLP
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USA
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November 30 2012

The battle for how the landmark arbitration decision Concepcion v. AT&T Mobility should be construed in California continues with Monday’s issuance of Franco v. Arekelian Enterprises, Inc

Supreme Court to address enforceability of arbitration agreements and class action waivers yet again

Sheppard Mullin Richter & Hampton LLP
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USA
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November 19 2012

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts, invoking the ‘federal substantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.”

Developers may require that construction defect disputes be resolved through arbitration

Sheppard Mullin Richter & Hampton LLP
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USA
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November 19 2012

The California Supreme Court recently ruled that developers by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) may require that construction defect actions be resolved through arbitration rather than by jury trial

In a 2-to-1 split decision, the California Court of Appeal parses the language of an agreement and denies arbitration of California Labor Code claims

Sheppard Mullin Richter & Hampton LLP
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USA
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October 19 2012

In Elijahjuan v. Superior Court, Case No. B234794 (2nd Dist, Div. 8, Oct. 17, 2012), the California Court of Appeal held that the specific language of an agreement did not require plaintiffs to arbitrate their claims for misclassification as independent contractors in a wage and hour putative class action, concluding that the arbitration language covered only disputes arising from the “application or interpretation” of the plaintiffs’ work agreements

Enforcing class action waivers: a "major change in California law"

Sheppard Mullin Richter & Hampton LLP
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USA
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October 12 2012

In Phillips v. Sprint PCS, __ Cal. App. 4th __, 2012 WL 4378199 (1st Dist., Sept. 26, 2012), the California Court of Appeal affirmed a trial court’s decision to reconsider its past order refusing to enforce an arbitration clause including a class action waiver

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