Edward Berbarie

Edward Berbarie

Littler

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Class Action Waivers Good in California, PAGA Waivers Perhaps

In an important decision on employment arbitration agreements with pre-dispute class and collective action waivers, in Iskanian v. CLS Transportation of Los Angeles the California Supreme Court held that U.S. Supreme Court...more

6/27/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian PAGA Trucking Industry

Class Action Waiver Is Enforceable Despite NLRA Concerted Activity Provisions

On December 3, 2013, in D.R. Horton, Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the Fifth Circuit found that class action waiver provisions contained in mandatory, pre-dispute arbitration agreements...more

12/9/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton Federal Arbitration Act NLRA NLRB

Supreme Court's Amex Decision Creates High Hurdle for Plaintiffs Seeking to Invalidate Arbitration Agreements with Class Action...

In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the U.S. Supreme Court reversed a Second Circuit opinion and held that the Federal Arbitration Act (FAA) does not permit a court to invalidate...more

6/21/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

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