We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 103

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • June 6 2017

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National


NLRB V. Alternative Entertainment, Inc. - Sixth Circuit Joins the Seventh and Ninth Circuits in Rejecting Class Waivers
  • Baker & Hostetler LLP
  • USA
  • June 1 2017

In a strangely timed opinion, the Sixth Circuit has entered the fray over whether class and collective waivers in employee arbitration agreements


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


Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive
  • Baker & Hostetler LLP
  • USA
  • May 19 2017

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related


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


NLRB holds class action waivers violate the National Labor Relations Act
  • Baker & Hostetler LLP
  • USA
  • January 9 2012

In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.”


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


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


Supreme Court Continues Sanctions Litigation Against the EEOC
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

A slap in the face, maybe, after 11 years Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two