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Baker & Hostetler LLP | USA | 11 Aug 2014

Sixth Circuit refuses to uphold collective action waiver absent arbitration

My working title for this blog was "collective action grab bag," concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case


Baker & Hostetler LLP | USA | 30 Jul 2012

Fifth Circuit upholds unsupervised release of FLSA claims

Do you remember the movie “Spring Break ’83”?


Baker & Hostetler LLP | USA | 19 Jan 2012

New York court rejects D.R. Horton; orders arbitration despite class action waiver

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps.


Baker & Hostetler LLP | USA | 5 Dec 2011

Pennsylvania court compels arbitration of both class and collective action claims

Another court has weighed in in favor of enforcing an arbitration agreement containing a class action waiver in the wake of the United States Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011).


Baker & Hostetler LLP | USA | 9 Nov 2011

Court compels arbitration of putative FLSA collective action on an individual basis

It has been less than a year since the United States Supreme Court's decision in AT&T Mobility v. Concepcion, in which it held that arbitration agreements requiring the resolution of putative class action claims on an individual basis were enforceable.


Baker & Hostetler LLP | USA | 28 Jul 2011

California court finds Concepcion does not apply to arbitration of PAGA claims

The battle between California courts and the U.S. Supreme Court over arbitration agreements wages on.


Baker & Hostetler LLP | USA | 27 Apr 2011

Supreme Court holds that class action waivers in arbitration agreements are enforceable

The Supreme Court has now held that the Federal Arbitration Act ("FAA"), 9 U.S.C. section 2, preempts state laws that would condition arbitration agreements on the availability of class action arbitration procedures.

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