August 28, 2014 1:09 PM | Posted by Amy L. Hurwitz and Jaret J. Fuente | Permalink
The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where... read more
August 13, 2014 2:46 PM | Posted by Amy L. Hurwitz and Jaret J. Fuente | Permalink

“Because of the fundamental differences between classwide and individual arbitration, and the consequences of proceeding with one rather than the other, … the availability of classwide arbitration is a substantive ‘question of arbitrability’ to be decided by a court absent clear agreement otherwise,” the Third Circuit held.

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June 25, 2014 5:26 PM | Posted by Mark A. Neubauer and Meredith M. Moss | Permalink
The California Supreme Court this week confirmed the validity of an employee's waiver of the right to bring a class action contained in an arbitration agreement. That's the good news for employers. However, the court also held that these arbitration agreements may not include a waiver of an employee's right to bring representative claims under the Private Attorney General Act (PAGA), found at Section 2698-99 of the California Labor Code. That is not good news and ... read more
April 28, 2013 4:53 PM | Posted by Kirkwood, Allison | Permalink
Florida defendants can now be assured that Concepcion applies in Florida to state statutory claims. read more
August 27, 2012 3:20 PM | Posted by Morande, Dean | Permalink
The Eleventh Circuit in Pendergast v. Sprint, No. 09-10612 (11th Cir. Aug. 20, 2012), upheld Sprint’s class action waiver without resorting to an analysis of whether the waiver is unconscionable under Florida law or if it frustrates the remedial purposes of the Florida Deceptive and Unfair Trade Practices Act. This was so because, according to the Court, “to the extent Florida law would invalidate the class action waiver, it would still be preempted by the FAA” [Federal Arbitration Act]. read more
July 16, 2012 2:55 PM | Posted by Jaret J. Fuente | Permalink
How important is the “style” of your arbitration clause? Just ask Fantastic Sams… read more
April 10, 2012 5:58 PM | Posted by Katherine Heckert | Permalink
In Coneff v. AT&T Corp., the Ninth Circuit again considered the implications of the recent Supreme Court case, AT&T Mobility, Inc. v. Concepcion, to determine whether the Federal Arbitration Act preempted state law in Washington. Find out what the court found, after the jump. read more
March 12, 2012 12:54 PM | Posted by Katherine Heckert | Permalink
In Kilgore v. Keybank, National Association, ---F.3d ----, 2012 WL 718344 (9th Cir. (CA) Mar. 7, 2012), the Ninth Circuit Court of Appeals considered whether the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion required the Federal Arbitration Act ("FAA") to preempt California's state law rule prohibiting the arbitration of claims for broad, public injunctive relief in a class action related to private student loans.  Find out what controls, after the jump. read more
January 9, 2012 11:35 AM | Posted by Kate Celender | Permalink
Despite the U.S. Supreme Court's finding in Concepcion, 131 S. Ct. 1740 (2011), that class action waivers in arbitration agreements are often unconscionable, it appears the waiver may live on. read more
December 28, 2011 11:16 PM | Posted by Weiss, Aaron | Permalink
Judge King Issues MDL order on Waiver of Arbitration.
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