On May 21, the U.S. Supreme Court, by a 5 to 4 vote, upheld employers’ use of pre-dispute mandatory arbitration agreements with class action waivers. As promised, we are following up with more thoughts on practical...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The U.S. Supreme this morning issued a 5-4 decision upholding the use of pre-dispute mandatory arbitration programs with class action waivers in the employment setting. In doing so, the Court resolved a split between the...more
Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require...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