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Results: 1-10 of 16

Eleventh Circuit refuses to enforce post-suit arbitration agreements based upon employer misconduct
  • Baker & Hostetler LLP
  • USA
  • April 4 2014

The British have a phrase "too clever by half" to describe complex schemes that ultimately won't work. We all know from cases such as Concepcion


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


Tenth Circuit criticizes district court for permitting “death by discovery” in dispute over arbitrability
  • Baker & Hostetler LLP
  • USA
  • April 25 2014

The purpose of arbitration is to resolve disputes more quickly and inexpensively than litigation. It's getting less difficult to enforce such


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


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


Supreme Court holds that class action waivers in arbitration agreements are enforceable
  • Baker & Hostetler LLP
  • USA
  • April 27 2011

The Supreme Court has now held that the Federal Arbitration Act ("FAA"), 9 U.S.C. section 2, preempts state laws that would condition arbitration agreements on the availability of class action arbitration procedures


Pennsylvania court compels arbitration of both class and collective action claims
  • Baker & Hostetler LLP
  • USA
  • December 5 2011

Another court has weighed in in favor of enforcing an arbitration agreement containing a class action waiver in the wake of the United States Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011


California state and federal courts renew their attacks on arbitration agreements
  • Baker & Hostetler LLP
  • USA
  • November 7 2013

In 1991, Sega introduced the video character Sonic the Hedgehog. Sonic became insanely popular, spawning several generations of videogames that are


California District Court compels arbitration of class and collective wage and hour claims
  • Baker & Hostetler LLP
  • USA
  • July 12 2013

Dorothy Gale famously remarked upon finding herself in Oz "Toto, I've got a feeling we're not in Kansas anymore." Class action wage and hour


California court compels arbitration of employment class action on an individual basis
  • Baker & Hostetler LLP
  • USA
  • October 21 2011

The enforcement of arbitration agreements in the employment context has been maddeningly inconsistent, with different jurisdictions creating their own requirements and rules that might render such an agreement unenforceable