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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?

New York court rejects D.R. Horton; orders arbitration despite class action waiver

Baker & Hostetler LLP
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USA
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January 19 2012

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps

NLRB arbitration ruling raises stakes of decision in CompuCredit for hospitality industry

Baker & Hostetler LLP
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USA
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January 12 2012

The enforceability of class action waivers was one of the bigger stories in 2011

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.”

Pennsylvania court compels arbitration of both class and collective action claims

Baker & Hostetler LLP
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USA
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December 5 2011

Another court has weighed in in favor of enforcing an arbitration agreement containing a class action waiver in the wake of the United States Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011

Court compels arbitration of putative FLSA collective action on an individual basis

Baker & Hostetler LLP
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USA
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November 9 2011

It has been less than a year since the United States Supreme Court's decision in AT&T Mobility v. Concepcion, in which it held that arbitration agreements requiring the resolution of putative class action claims on an individual basis were enforceable

California court compels arbitration of employment class action on an individual basis

Baker & Hostetler LLP
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USA
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October 21 2011

The enforcement of arbitration agreements in the employment context has been maddeningly inconsistent, with different jurisdictions creating their own requirements and rules that might render such an agreement unenforceable

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

The possible price of inaction following Concepcion

Baker & Hostetler LLP
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USA
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August 17 2011

The practical impact of AT&T Mobility v. Concepcion is already starting to become apparent

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

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