Information and commentary on class action cases affecting employers
Articles: 1-10 of 269
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…
The Vote is In, FAA Sections 9 And 10 Do Not Provide “Look-Through” Jurisdiction to Confirm or Modify Arbitral Awards
USA - April 6 2022 Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal…
The Fifth Circuit Now Considers Who Are ‘Parties’ in an FAA Action to Compel Arbitration
USA - November 19 2021 In two prior blogs, we have focused on a dispute over federal court jurisdiction to confirm or vacate an arbitration award under Section 9 and…
The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards
USA - November 9 2021 One might expect that the plain text of a statutory provision would be in line with the overall goal of the law. But when that statute is the Federal…
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…
The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint
USA - October 8 2021 As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits…
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…
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…
Sixth Circuit Limits Scope of Putative Nationwide FLSA Collective Actions on Personal Jurisdiction Grounds
USA - August 18 2021 Four years ago, in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017), the United States Supreme Court addressed an effort by plaintiffs…
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