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Results: 1-10 of 69

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


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 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


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 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


When does "silence" become "implicit" agreement? The saga of Jock v. Sterling Jewelers, Inc.
  • Baker & Hostetler LLP
  • USA
  • July 11 2011

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding


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


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


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


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