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Baker & Hostetler LLP | USA | 25 Oct 2018

Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the Court - Herrington v. Waterstone Mortgage Corp.

We didn't expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these


Baker & Hostetler LLP | USA | 21 Feb 2018

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert


Baker & Hostetler LLP | USA | 15 Aug 2017

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB - The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or


Baker & Hostetler LLP | USA | 12 Jun 2017

Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy

On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May


Baker & Hostetler LLP | USA | 1 Jun 2017

NLRB V. Alternative Entertainment, Inc. - Sixth Circuit Joins the Seventh and Ninth Circuits in Rejecting Class Waivers

In a strangely timed opinion, the Sixth Circuit has entered the fray over whether class and collective waivers in employee arbitration agreements


Baker & Hostetler LLP | USA | 25 Apr 2017

Capitol Hill Healthcare Update

Although House Republicans made progress on bridging ideological differences over how to replace the Affordable Care Act (ACA), GOP leaders say not to


Baker & Hostetler LLP | USA | 20 Apr 2017

Darwinian Insurance

This case demonstrates the need for providers to know and follow the notification provisions set forth in their insurance policies in order to avoid


Baker & Hostetler LLP | USA | 12 Oct 2016

Important Paid Sick Leave Law Developments - San Diego, San Francisco, Berkeley

California’s various prescriptions for paid sick leave continue to proliferate and evolve, with recent changes to ordinances in San Diego and San


Baker & Hostetler LLP | USA | 6 Sep 2016

Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers

Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co


Baker & Hostetler LLP | USA | 24 Aug 2016

Reining In Individual Arbitration - Ninth Circuit Rules Class Waivers Unenforceable

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that

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