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Employment Class Action Blog Blog

Articles: 1-10 of 274

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The Saga Continues . . .

USA - October 6 2022 While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of…

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

USA - July 12 2022 Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a…

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class Claims

USA - July 8 2022 For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A Plaintiff’s path…

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

USA - June 15 2022 On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against…

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

USA - June 8 2022 For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S…

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…