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The Supreme Court Reaffirms The Reach And Force Of The Federal Arbitration Act, This Time In Employment Cases

USA - May 22 2018 On May 21, 2018, the Supreme Court issued its long-awaited decision in the consolidated cases Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young…

Adam G. Unikowsky, Gabriel K. Gillett, Howard S. Suskin, Michael T. Brody.

Seventh and Ninth Circuits Find That Class Action Waivers in Arbitration Agreements Violate National Labor Relations Act, Creating Circuit Split

USA - August 25 2016 On August 22, 2016, the Ninth Circuit followed the Seventh Circuit's lead to hold that an arbitration agreement with employees that included a waiver…

Emma J. Sullivan.

Eighth Circuit Court of Appeals affirms dismissal of EEOC’s class action sexual harassment case against CRST Van Expedited, Inc. based on EEOC’s failure to fulfill its pre-suit obligations under Title VII

USA - March 7 2012 On February 22, 2012, the Eighth Circuit Court of Appeals affirmed the district court’s dismissal of all class member claims that had survived the summary judgment motions filed by Jenner & Block for firm client CRST Van Expedited, Inc. (CRST) in a sweeping sexual harassment class action brought against CRST by the Equal Employment Opportunity Commission (EEOC).

Emma J. Sullivan, James T. Malysiak.

Employees bringing disparate- impact claims under the ADEA continue to face an uphill battle despite the Supreme Court’s decisions in Smith v. City of Jackson and Meacham v. Knolls Atomic Power Laboratory

USA - March 3 2011 In March 2005, in Smith v. City of Jackson , the Supreme Court held that disparate-impact claims are cognizable under the Age Discrimination in Employment Act (ADEA).

Emma J. Sullivan.