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.

Search results

Order by: most recent most popular relevance



Results: 11-20 of 98

District Judge Rules Uber’s Arbitration Agreements Unenforceable on Public Policy Grounds
  • Baker & Hostetler LLP
  • USA
  • December 11 2015

On September 2, we addressed the much-publicized O’Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District


PAGA in the news Ninth Circuit sides with California Supreme Court on enforcement of PAGA waivers and California amends the statute
  • Baker & Hostetler LLP
  • USA
  • October 7 2015

Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the


Following the Sixth Circuit’s lead, Ohio appellate courts find whether an agreement allows class arbitration is a “gateway issue”
  • Baker & Hostetler LLP
  • USA
  • September 9 2015

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing


Justices pass on second opportunity to resolve the California PAGA divide in the Bridgestone case
  • Baker & Hostetler LLP
  • USA
  • June 3 2015

For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state’s Private Attorneys


Opalinski v. Robert Half International, Inc. a footnote in a prior opinion doesn’t signal the Supreme Court’s willingness to resolve who decides the availability of class arbitration
  • Baker & Hostetler LLP
  • USA
  • March 12 2015

After reading the Supreme Court's opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was


The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims
  • Baker & Hostetler LLP
  • USA
  • January 21 2015

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek


The widening California divide: the rejection of Iskanian by federal district courts and potential resolution
  • Baker & Hostetler LLP
  • USA
  • January 6 2015

In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over


High-court showdown looming? NLRB defends D.R. Horton Section 7 decision with full-throated rebuttal in Murphy Oil
  • Baker & Hostetler LLP
  • USA
  • November 4 2014

In the wake of Federal Circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in


The California divide: federal courts refuse to follow state Supreme Court’s Iskanian decision
  • Baker & Hostetler LLP
  • USA
  • October 22 2014

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California


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