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Results: 1-10 of 68

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


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


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


Does D.R. Horton apply arbitration agreements without a class action waiver?
  • Baker & Hostetler LLP
  • USA
  • February 6 2014

Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an


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


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


New York court rejects D.R. Horton; orders arbitration despite class action waiver
  • Baker & Hostetler LLP
  • USA
  • January 19 2012

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps


California district court compels arbitration of class wage and hour claims by law firm partner
  • Baker & Hostetler LLP
  • USA
  • August 7 2012

Another California case has compelled the arbitration of a wage and hour claim in the wake of the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011


Pattern-or-practice claim doesn't trump arbitration agreement - Karp v. Cigna Healthcare Inc.
  • Baker & Hostetler LLP
  • USA
  • 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


Courts continue to wrestle with arbitration issues
  • Baker & Hostetler LLP
  • USA
  • December 17 2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements