News & Analysis as of

Federal Arbitration Act Petition for Writ of Certiorari Class Action

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Ballard Spahr LLP

Ballard Spahr Submits Amicus Brief on Behalf of Banking Trade Groups in Important SCOTUS Arbitration Case

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On behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA), Ballard Spahr has submitted an amicus brief to the United States Supreme Court in Coinbase, Inc., et al. v. Kramer, et al., No....more

Holland & Knight LLP

The Law on ERISA Plan Arbitration Provisions Remains Unsettled

Holland & Knight LLP on

As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more

Rumberger | Kirk

Employers Hope Supreme Court Will Close the Door on Class Arbitration

Rumberger | Kirk on

Mandatory arbitration long has been a fixture in many employment agreements but there has been confusion over whether this includes the right to bring claims by a class....more

Holland & Hart - Employers' Lawyers

SCOTUS Employment Cases and Petitions for The Upcoming Term

The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more

Poyner Spruill LLP

What to Watch - Supreme Court to Consider Whether Agreements to Waive Employees' Class or Collective Action Rights are Enforceable

Poyner Spruill LLP on

In recent years, employers have increasingly been subject to class and collective actions lawsuits by employees alleging various employment law violations, including claims under the Fair Labor Standards Act. In response,...more

Bradley Arant Boult Cummings LLP

Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action Waivers

The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts. ...more

Seyfarth Shaw LLP

Supreme Court Agrees to Rule on Legality of Class Action Waivers

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Seyfarth Synopsis: The U.S. Supreme Court has agreed to decide whether workplace arbitration agreements containing class and collective action waivers are enforceable under the FAA, notwithstanding the provisions of the NLRA....more

Carlton Fields

United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

Carlton Fields on

In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

Carlton Fields

U.S. Supreme Court To Hear Appeal On Enforceability Of Arbitration Agreements In California

Carlton Fields on

The United States Supreme Court has granted DIRECTV’s petition for Writ of Certiorari and will hear the following question presented: Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth...more

Ballard Spahr LLP

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

Ballard Spahr LLP on

The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

Orrick - Employment Law and Litigation

High Court Says “Let It Ride”; Limo Company Fails to Flag Down Enough Justices to Hear PAGA Carve-out Case

On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney...more

Weintraub Tobin

U.S. Supreme Court Declines Review of California’s Iskanian Decision – California State and Federal Courts Remain Divided on PAGA...

Weintraub Tobin on

The U.S. Supreme Court has declined to review California high court’s landmark decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration agreements with mandatory class waivers are generally...more

Carlton Fields

California’s Inconsistent Treatment of Pre-Dispute Waivers in Arbitration Agreements Will Remain in Place

Carlton Fields on

This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more

Proskauer - California Employment Law

U.S. Supreme Court Tires (For Now) of Playing “Whack-a-Mole” With California Over Arbitration

On January 20, 2015, the U.S. Supreme Court denied the petition for certiorari filed in CLS Transp. Los Angeles, LLC v. Iskanian, a case in which the California Supreme Court held that waivers of employees’ right to bring...more

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