We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 11-20 of 36

California District Court compels arbitration of class and collective wage and hour claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 12 2013

Dorothy Gale famously remarked upon finding herself in Oz "Toto, I've got a feeling we're not in Kansas anymore." Class action wage and hour

Oxford Health Plans v. Sutter - the perils of choosing an arbitrator to resolve potential "gateway matters"

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 11 2013

A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that

California appellate court orders arbitration and rules that claims may not proceed on behalf of a class plaintiff in Macy's OT action gets what she bargained for

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 31 2013

A recent decision from a California Court of Appeals reflects a growing, if at times reluctant, acceptance by California courts of employment

Courts continue to wrestle with arbitration issues

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 17 2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements

California district court compels arbitration of class wage and hour claims by law firm partner

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 7 2012

Another California case has compelled the arbitration of a wage and hour claim in the wake of the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011

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

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • 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

Concepcion breathes new life into class action waiver in arbitration agreement: California Court of Appeal affirms order compelling arbitration of claims on individual basis

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 8 2012

After the California Supreme Court decided Gentry v. Superior Court (2007) 42 Cal.4th 443, class action waivers in arbitration agreements were on life support, with their supporters holding fast to the hope that some modern miracle would come along to resuscitate them

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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

What has happened in 2012

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 27 2012

Aviation Reauthorization