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34 results found


Carlton Fields | USA | 12 Sep 2016

Ninth Circuit holds that class action waiver in employment agreement is unenforceable, adding to the circuit split on the issue

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


Carlton Fields | USA | 2 Sep 2016

Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable Under NLRA

Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be


Carlton Fields | USA | 6 Jun 2016

Circuit split develops over the enforceability of class waivers in employment agreements

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


Carlton Fields | USA | 23 May 2016

Eighth Circuit: delay in asserting right to Arbitrate and using litigation machinery results in waiver

The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The


Carlton Fields | USA | 25 Apr 2016

SEC Waivers with Strings Attached: the Wave of the Future?

The SEC recently attached potentially precedent-setting conditions to a waiver from certain automatic disqualifications under the federal securities


Carlton Fields | USA | 22 Mar 2016

Properly Joining in a Co-Party’s Brief or Motion to Avoid Waiver Issues

Joining in a co-party’s brief or motion can be cost effective and aid the court in streamlining legal issues. But the careful litigator should make


Carlton Fields | USA | 14 Mar 2016

Moving For Remand: When Have You Lost Your Chance?

If you actively litigate your removed case in federal court before timely moving to remand, do you waive the right to remand? It depends on the


Carlton Fields | USA | 27 Jan 2016

Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc


Carlton Fields | USA | 19 Jan 2016

Filing of four lawsuits over ten years did not waive right to arbitrate where “litigation machinery” had not been invoked

Grigsby & Associates appealed an order confirming an arbitration award of compensatory damages and attorney fees to M Securities, in a dispute


Carlton Fields | USA | 28 Dec 2015

U.S. Supreme Court applies Concepcion in reversing order finding class arbitration waiver unconscionable under California law

On December 14, 2015, the U.S. Supreme Court applied its landmark Concepcion decision and reversed a California appellate court's ruling that an

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