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2,249 results found

Article

Stinson LLP | USA | 2 Dec 2018

This Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”

Today’s post covers three new developments from this past week. The Fifth Circuit found a defendant waived its right to arbitrate a class action; the

Article

Kilpatrick Townsend & Stockton LLP | USA | 26 Nov 2018

Reading between the lines: the Seventh Circuit’s recent class arbitrability ruling suggests a paradigm for squaring delegation clauses with class action waivers

In the wake of the U.S. Supreme Court’s continued vigorous enforcement of class action waivers, more and more corporate parties can be expected to

Article

Reed Smith LLP | USA | 20 Nov 2018

Another Nationwide Class Action Bites the Dust Under BMS

Bexis saw Bohemian Rhapsody last week and, as a result, is suffering from multiple Queen earworms. One is from the title song itself - “Caught in a

Article

Troutman Sanders LLP | USA | 14 Nov 2018

Eleventh Circuit Holds Consumers Are Bound by Arbitration Provision Appearing on Product Wrapper

The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on

Article

Stinson LLP | USA | 11 Nov 2018

11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action

In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative class action brought by

Article

K&L Gates | USA | 8 Nov 2018

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively Decide the Availability of Class Arbitration

The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. 1 In one of the Roberts Court’s first

Article

Atkinson Andelson Loya Ruud & Romo | USA | 2 Nov 2018

Governor Brown Signs AB 1654 Exempting Union Contractors from PAGA

Effective January 1, 2019, construction workers covered by certain collective bargaining agreements (“CBA”) will be exempt from the Private Attorneys

Article

Baker McKenzie | USA | 17 Sep 2018

Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims

In August, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) upheld an arbitration agreement

Article

Constangy Brooks Smith & Prophete LLP | USA | 4 Sep 2018

Is arbitration a good fit for your company?

There are cons, as well as pros. The recent Supreme Court decision in Epic Systems Corp. v. Lewis -- approving the use of class or collective waivers

Article

Proskauer Rose LLP | USA | 27 Aug 2018

NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability

As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce’s tenure ends on August 27, the Board has been

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