As a word of caution, the plaintiffs’ bar is filing a wave of class actions against credit unions and banks based on the assessment of overdraft fees. Some cases challenge practices, such as high-to-low sequencing of...more
The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more
8/25/2016
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Split of Authority
California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T...more
Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) -
The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more
4/2/2013
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Certification ,
Comcast ,
Comcast v. Behrend ,
Damages ,
Discrimination ,
Dukes v Wal-Mart ,
FRCP 23 ,
Gender Discrimination ,
Goldman Sachs ,
SCOTUS ,
Title VII