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Lewis v. Epic Systems Opinion - Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration
  • Baker & Hostetler LLP
  • USA
  • May 31 2016

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit


Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers
  • Baker & Hostetler LLP
  • USA
  • September 6 2016

Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co


Reining In Individual Arbitration - Ninth Circuit Rules Class Waivers Unenforceable
  • Baker & Hostetler LLP
  • USA
  • August 24 2016

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that


Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement
  • Baker & Hostetler LLP
  • USA
  • February 19 2009

A Texas Court of Appeals recently held that an employer's arbitration policy was unenforceable because the policy was conditioned upon an illusory promise


California court compels arbitration of employment class action on an individual basis
  • Baker & Hostetler LLP
  • USA
  • October 21 2011

The enforcement of arbitration agreements in the employment context has been maddeningly inconsistent, with different jurisdictions creating their own requirements and rules that might render such an agreement unenforceable


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


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


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


Employee accepted arbitration offer when she continued to work, Sixth Circuit rules
  • Baker & Hostetler LLP
  • USA
  • October 31 2013

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment


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