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784 results found

Article

Squire Patton Boggs | USA | 16 Aug 2017

Federal Arbitration Act preempts - U.S. Supreme Court decision

The U.S. Supreme Court held the Federal Arbitration Act preempts state precedent that an agent cannot deprive a principal of the

Article

McGuireWoods LLP | USA | 1 May 2017

California High Court: Arbitration Clause Cannot Bar Claims for Public Injunctive Relief

On April 6, the California Supreme Court issued the latest in an ongoing series of cases resisting preemption of California state law under the

Article

Hunton Andrews Kurth LLP | USA | 15 Mar 2017

Supreme Court to Rule on Legality of Class Action Waivers in Employer Arbitration Agreements

As reported on the Hunton Employment & Labor Law Perspectives blog, the United States Supreme Court has granted consolidated review of three cases to

Article

Morgan Lewis | USA | 11 Jul 2016

Sixth Circuit Reaffirms That ERISA Preemption Doctrine Is Inapplicable to Michigan Tax

This has been a big year for ERISA preemption cases. Section 514 of ERISA boldly states that unless one of the statutory exceptions applynone of

Article

K&L Gates | USA | 5 Jul 2016

New Commercial Drone Rules Take Flight: Understanding Implications, Opportunities, and What’s Next

America’s skies will be open for business as a result of new rules released by the Federal Aviation Administration (“FAA”) regarding the commercial

Article

Stinson LLP | USA | 7 Oct 2015

Arbitration puzzler: Nevada’s anti-waiver rule preempted; California’s anti-waiver rule not preempted

Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and

Article

Baker McKenzie | USA | 24 Sep 2015

Class action waiver. Unconscionability. Arbitration clauses. California Supreme Court clarifies that, although the Federal Arbitration Act preempts state laws deeming class action waivers unconscionable, it does not prohibit unconscionability challenges to arbitration clauses

Plaintiff buyer commenced a class action lawsuit against Defendant automobile dealer over the sale of a car. The automobile sales contract contained

Article

Jackson Lewis PC | USA | 4 Aug 2015

California Supreme Court: Federal Arbitration Act preempts Plaintiff’s state rights

An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration

Article

Morrison & Foerster LLP | USA | 25 Jun 2014

California Supreme Court upholds class action waivers in arbitration agreements, but invalidates waivers of representative actions under the California Private Attorneys General Act

On June 23, the California Supreme Court provided mixed blessings to California employers. In Iskanian v. CLS Transportation, No. S204032 (June 23

Article

Foley & Lardner LLP | USA | 4 Nov 2013

Clean-up in aisle 9: Ninth Circuit finds Ralphs Grocery Company’s arbitration policy unconscionable under state law not preempted by the Federal Arbitration Act

As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and

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