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Results: 1-10 of 20

Court refuses to enforce arbitration agreement for lack of consent
  • Fenwick & West LLP
  • USA
  • December 14 2011

Recently, the Northern District of California refused to compel arbitration of discrimination claims where an employee refused to sign an acknowledgment of a new mandatory arbitration agreement that expressly stated that continued employment constituted acceptance of the agreement


Six-month claims limitations period in arbitration agreement unconscionable
  • Fenwick & West LLP
  • USA
  • February 20 2013

In Bowlin v. Goodwill Industries of Greater East Bay, Inc., a California federal district court found Goodwill's requirement, as part of an


Post-Concepcion, arbitration agreements still subject to Armendariz test
  • Fenwick & West LLP
  • USA
  • June 15 2012

A California Court of Appeal recently affirmed the applicability of the Armendariz v. Foundation Health Psychare Services, Inc. standard for assessing unconscionability challenges to arbitration agreements, notwithstanding the U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion


California appellate court compels arbitration and class action waiver, following Concepcion and expressly rejecting D.R. Horton
  • Fenwick & West LLP
  • USA
  • June 15 2012

In a significant victory for California employers, a California Court of Appeal recently upheld a ruling that compelled arbitration of an employee's wage and hour claims and dismissed his class and representative claims


California courts continue to scrutinize mandatory employment arbitration agreements
  • Fenwick & West LLP
  • USA
  • March 14 2011

While many employers favor mandatory employment arbitration for the resolution of employment-related disputes, they must be careful to ensure that their arbitration agreements meet strict legal requirements


Supreme Court emphasizes supremacy of Federal Arbitration Act
  • Fenwick & West LLP
  • USA
  • December 18 2012

In Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court chided the Oklahoma Supreme Court for exceeding its authority and failing to


Ninth Circuit affirms Iskanian ruling rendering PAGA waivers illegal
  • Fenwick & West LLP
  • USA
  • October 23 2015

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los


Arbitration agreement withstands challenge for lack of notice of arbitration rules or mutuality
  • Fenwick & West LLP
  • USA
  • October 16 2013

In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration


But no agreement to arbitrate where agreement contains PAGA waiver that was not severable
  • Fenwick & West LLP
  • USA
  • February 18 2015

When an arbitration agreement contained an unenforceable waiver of claims under California's Private Attorneys General Act ("PAGA") and the agreement


Buyer permitted to enforce arbitration agreement with acquired company’s employees
  • Fenwick & West LLP
  • USA
  • February 18 2015

A California court of appeal ruled in Marenco v. DirecTV, LLC that DirecTV could enforce an arbitration agreement between a company it purchased and