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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

Age discrimination claims under Ohio law may be barred by internal grievance process

Baker & Hostetler LLP
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USA
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June 8 2009

On June 2, 2009, the Ohio Supreme Court held that an age discrimination claim filed by a former employee of United Parcel Systems ("UPS") was barred because an earlier internal "arbitration" proceeding found that the employee had been terminated for just cause

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

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

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

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

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?

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

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.”

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
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USA
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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

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Jurisdiction - USA
Workarea - Arbitration
Workarea - Employment & Labor
Workarea - Litigation
Firm Name - Baker & Hostetler LLP