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Arbitration Agreements › Opt-Outs › Federal Arbitration Act

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

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A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

Ballard Spahr LLP

OppFi Hat Trick: Third Federal Court Upholds Arbitration Clause

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Earlier this month, in Fama v. Opportunity Financial LLC, a Magistrate Judge of the federal district court for the Western District of Washington held that the arbitration provision in OppFi’s installment loan agreement is...more

Fox Rothschild LLP

Mandatory Arbitration Again In Question In CA (AB 51 Resuscitated)

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Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This law (AB51) also prohibited the...more

Fisher Phillips

The First Wave of CCPA Class Action Litigation

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California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

Ballard Spahr LLP

Employers May Compel Arbitration Even Where Employee Failed to Sign Arbitration Agreement

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In yet another example of the strong federal policy favoring arbitration embodied in the Federal Arbitration Act (FAA), U.S. District Court Judge Joel Slomsky of the Eastern District of Pennsylvania granted employer FC...more

Genova Burns LLC

Can New Jersey Courts Reach a “Meeting of the Minds” With the Federal Arbitration Act?

Genova Burns LLC on

Three recent decisions in New Jersey shed new light on the ongoing tension between the Federal Arbitration Act (“FAA”) and the standard of review utilized by the New Jersey courts concerning the enforceability of arbitration...more

Seyfarth Shaw LLP

Governor Brown Vetoes Legislative Attempt To Criminalize Mandatory Arbitration

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Seyfarth Synopsis: In vetoing the California Legislature’s attempt to criminalize arbitration agreements (AB 3080), Governor Brown displayed common sense and the legal learning provided by recent U.S. Supreme Court authority....more

Ballard Spahr LLP

Ninth Circuit Champions FAA Preemption Over Georgia Decision

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While the U.S. Court of Appeals for the Ninth Circuit has often found that state limitations on arbitration agreements are not in conflict with the Federal Arbitration Act (FAA), a recent ruling there confirms that...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

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A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

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To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

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In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

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Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Stinson LLP

Ninth Circuit Finds That Requiring Employees to Sign Class Action Waivers Violates the NLRA

Stinson LLP on

In a recent opinion, Morris v. Ernst & Young, the Ninth Circuit Court of Appeals followed the Seventh Circuit and held that employers violate the National Labor Relations Act (NLRA) when they require employees to sign an...more

Seyfarth Shaw LLP

California Moves Toward Ban On Mandatory Arbitration of Labor Claims

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On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a...more

Ballard Spahr LLP

Further Thoughts on the St. John’s Consumer Arbitration Study

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Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

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