Greg Mersol

Greg Mersol

BakerHostetler

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Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

8/11/2014 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Employer Liability Issues FLSA Hiring & Firing Interlocutory Appeals Jurisdiction Retailers Unpaid Overtime Wage and Hour

California District Court Rejects Shotgun Attacks on Arbitration Agreements

Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine to recite in the manner of saying grace before invalidating an agreement,...more

7/15/2014 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Corporate Counsel

Tenth Circuit Criticizes District Court for Permitting “Death by Discovery” in Dispute over Arbitrability

The purpose of arbitration is to resolve disputes more quickly and inexpensively than litigation. It’s getting less difficult to enforce such agreements, but apparently some courts and parties have yet to get the message as a...more

4/28/2014 - Arbitration Agreements Contract Disputes Question of Fact

Eleventh Circuit Refuses to Enforce Post-Suit Arbitration Agreements Based upon Employer Misconduct

The British have a phrase “too clever by half” to describe complex schemes that ultimately won’t work. We all know from cases such as Concepcion, Stolt-Nielsen, Italian Colors, and their progeny that arbitration...more

4/7/2014 - Arbitration Arbitration Agreements Employer Liability Issues

Sixth Circuit Holds That Duty To Arbitrate Survives Expiration of Employment Contract, Requires Individual Arbitration

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and...more

3/31/2014 - Arbitration Arbitration Agreements Employment Contract

California State and Federal Courts Renew Their Attacks On Arbitration Agreements

In 1991, Sega introduced the video character Sonic the Hedgehog. Sonic became insanely popular, spawning several generations of videogames that are still being designed and sold today, comic books, and even a short-lived...more

11/7/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion SCOTUS

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the...

Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more

1/30/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FLSA NLRB Owen v Bristol Care

Courts Continue to Wrestle With Arbitration Issues

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

12/17/2012 - American Express Arbitration Arbitration Agreements AT&T Mobility Class Action Class Action Arbitration Waivers Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements Oxford Health Split of Authority UBS

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