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Results: 1-10 of 79

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


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


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


Collado v. J & G Transport, Inc. - When a Waived Right to Arbitrate is Revived
  • Baker & Hostetler LLP
  • USA
  • April 26 2016

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport


Russell v. Citigroup Inc. language in revised arbitration agreement torpedoes its application to pending class action
  • Baker & Hostetler LLP
  • USA
  • April 15 2014

A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending


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


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


Eleventh Circuit refuses to enforce post-suit arbitration agreements based upon employer misconduct
  • Baker & Hostetler LLP
  • USA
  • April 4 2014

The British have a phrase "too clever by half" to describe complex schemes that ultimately won't work. We all know from cases such as Concepcion


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


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