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Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else

USA - May 23 2022 In a much-anticipated opinion, the Supreme Court unanimously held this morning that a party claiming waiver of the right to arbitrate need not show…

Third Circuit Rejects District Court’s Trial-Before-Certification Plan

USA - October 20 2021 Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes…

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

USA - September 22 2021 For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become…

Joseph S. Persoff

Spending Bill Would Place Class Action Waivers in Jeopardy

USA - September 10 2021 Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration…

Court Refuses to Certify Class for Allegedly Defective Flight Attendant Uniforms Claims About Uniforms Not Themselves Uniform

USA - August 20 2021 The United States District Court for the Western District of Wisconsin has refused to grant certification in a two-year-old dispute over uniforms for…