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Second Circuit panel adheres to Circuit precedent and affirms enforceability of employment class action waivers
  • Carlton Fields
  • USA
  • September 26 2016

The Second Circuit issued a summary order affirming a decision by the Southern District of New York compelling arbitration pursuant to class-action


Ninth Circuit holds that class action waiver in employment agreement is unenforceable, adding to the circuit split on the issue
  • Carlton Fields
  • USA
  • September 12 2016

As a condition of employment, Ernst & Young’s employees were required to sign agreements that contained a “concerted action” waiver requiring


Eighth Circuit Rules that NLRB erred by invalidating employment agreements requiring individual arbitration
  • Carlton Fields
  • USA
  • July 5 2016

We previously reported on a Federal Circuit split that has developed over the enforceability of arbitration provisions waiving class actions


Circuit split develops over the enforceability of class waivers in employment agreements
  • Carlton Fields
  • USA
  • June 6 2016

Affirming a district court’s denial of a motion to compel arbitration, the United States Court of Appeals for the Seventh Circuit has held


Circuit split on standing in data breach class actions survives Clapper
  • Carlton Fields
  • USA
  • September 22 2015

Last Friday, the Seventh Circuit Court of Appeals denied a retailer's petition for rehearing en banc of a three-judge panel opinion holding that


Seventh Circuit applies “weak” ascertainability requirement, splits from Third and Eleventh Circuits
  • Carlton Fields
  • USA
  • August 12 2015

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a "heightened" ascertainability


The Fourth and D.C. Circuits split on the permissibility of ACA subsidies
  • Carlton Fields
  • USA
  • July 23 2014

On July 22, 2014, within hours of one another, the United States Fourth Circuit and D.C. Circuit Courts of Appeals issued conflicting rulings as to