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Results: 1-10 of 33

Third Circuit: availability of classwide arbitration is an issue for the courts not arbitrators unless the parties agreed otherwise

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 1 2014

Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the

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

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

California Supreme Court again considers the validity of class and representative action waivers

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 23 2014

Today, in a highly-anticipated decision, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, Inc. (Case No. S204032

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

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 12 2012

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

D.R. Horton on steroids: NLRB invalidates arbitration agreement without class waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 28 2014

As reported previously here, the National Labor Relations Board ("NLRB" or the "Board") in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that

New case regarding enforceability of arbitration agreements

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 3 2008

California employers may not rely upon provisions in employee handbooks, referring to the signing of an arbitration agreement as a condition of employment, as evidence that an employee is bound to arbitrate employment-related disputes

Pennsylvania court compels arbitration of both class and collective action claims

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

The possible price of inaction following Concepcion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 17 2011

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

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

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