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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


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


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


California Enacts Laws Aimed at Choice of Law Provisions in Arbitration Agreements and the Conduct of Arbitral Proceedings
  • Baker & Hostetler LLP
  • USA
  • September 29 2016

Given California’s past resistance to mandatory arbitration agreements with class action waivers, it should come as no surprise that the state has now


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


Justices to Consider Arbitration Agreements With Class Waivers - The End of the Beginning?
  • Baker & Hostetler LLP
  • USA
  • January 17 2017

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and


The Next Chapter - Uber Responds to District Court Order With a New Arbitration Agreement
  • Baker & Hostetler LLP
  • USA
  • December 15 2015

Not only did Uber respond to the district court's December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal


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


The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?
  • Baker & Hostetler LLP
  • USA
  • January 25 2016

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional