John Lewis

John Lewis

BakerHostetler

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Eighth Circuit Stays the Course in the Cellular Sales of Missouri Opinion, Rejecting the NLRB’s Arguments Against Class Waivers

Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board’s (“Board”) arguments that by requiring employees to enter into arbitration agreements with a class and collective...more

6/7/2016 - Arbitration Agreements Class Action Arbitration Waivers Collective Actions NLRA NLRB Section 7

Lewis v. Epic Systems Opinion – Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit split regarding the enforceability of arbitration agreements with class action...more

6/1/2016 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Corporate Counsel Federal Arbitration Act NLRA NLRB

Standing Together to a Point: Spokeo Holding Reflects Broad Supreme Court Agreement on Standing Rules in Actions Raising Statutory...

Amid the meteoric rise of statutory damage class action filings, the Supreme Court laid out ground rules on Monday for when a case meets both components of the injury-in-fact requirements of Article III. In a 6-2 opinion...more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo Spokeo v Robins Standing TCPA

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

4/26/2016 - Amended Complaints Arbitration Breach of Contract Class Action Collective Actions Commercial Truck Drivers Corporate Counsel Federal v State Law Application FLSA Independent Contractors Motion to Compel Quantum Meirut Unpaid Overtime Wage and Hour Waivers Young Lawyers

The Fifth Circuit Addresses an Issue That Refuses to Die: Who Determines Whether Class or Collective Arbitration Is Available?

We opined on several occasions that cases dealing with a party’s entitlement to class or collective arbitration were a dying breed because of the increased use of class action waivers. And we have been proven wrong by several...more

3/24/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Corporate Counsel

The Next Chapter – Uber Responds to District Court Order With a New Arbitration Agreement

Not only did Uber respond to the district court’s December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers....more

12/16/2015 - Arbitration Agreements Class Action Arbitration Waivers PAGA Sharing Economy Uber

District Judge Rules Uber’s Arbitration Agreements Unenforceable on Public Policy Grounds

On September 2, we addressed the much-publicized O’Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District Court for the Northern District of California. In O’Connor, a group of 160,000...more

12/14/2015 - Class Action Arbitration Waivers Class Certification Independent Contractors Misclassification Uber Wage and Hour

Justices Take On Another California Rule – When an Arbitration Agreement Is Too Flawed to Enforce

The U.S. Supreme Court has agreed to review whether the Federal Arbitration Act (FAA) preempts a California state court rule on unconscionable provisions that is purportedly applied more stringently to arbitration agreements...more

10/9/2015 - Arbitration Agreements AT&T Mobility v Concepcion DirectTV Federal Arbitration Act FLSA Independent Contractors Misclassification Preemption Putative Class Actions SCOTUS Unconscionable Contracts

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

10/9/2015 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion CA Supreme Court Class Action Arbitration Waivers Coca Cola Federal Arbitration Act Iskanian Iskanian v CLS Transportation PAGA Preemption Unpaid Overtime Wage and Hour

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in...more

9/10/2015 - American Arbitration Association Arbitration Arbitration Agreements Class Action Arbitration Waivers Class Arbitration Franchise Agreements SCOTUS Wage and Hour

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a...more

6/29/2015 - Anticompetitive Behavior Antitrust Litigation Health Care Providers LegalZoom NC Board of Dental Examiners v FTC Veterinarians

Justices Pass on Second Opportunity to Resolve the California PAGA Divide in the Bridgestone Case

For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state’s Private Attorneys General Act (PAGA) could not be waived in a mandatory arbitration agreement....more

6/4/2015 - Arbitration Arbitration Agreements Bridgestone CA Supreme Court Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian v CLS Transportation PAGA Preemption SCOTUS Wage and Hour

Gawker Interns and the Use of Social Media to Notify Potential Class Members

Social media has dramatically impacted many areas of law, and class and collective action litigation is no exception. Recently, a number of former interns who sued Gawker Media LLC and its owner Nick Denton (Gawker) for wage...more

4/17/2015 - Class Action Employer Liability Issues Facebook Gawker LinkedIn Opt-In Popular Service of Process Social Media Social Networks Twitter Wage and Hour Young Lawyers

Opalinski v. Robert Half International, Inc. — A Footnote in a Prior Opinion Doesn’t Signal the Supreme Court’s Willingness to...

After reading the Supreme Court’s opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was ready to resolve who determines the availability of class arbitration court...more

3/13/2015 - Arbitration Class Action Class Action Arbitration Waivers Employer Liability Issues Robert Half SCOTUS

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more

1/22/2015 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA SCOTUS Trucking Industry

The Widening California Divide: The Rejection of Iskanian by Federal District Courts and Potential Resolution

In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over whether an arbitration agreement can waive an employee’s right to pursue a...more

1/7/2015 - Arbitration Arbitration Agreements Federal Arbitration Act Iskanian PAGA Preemption Trucking Industry

The California Divide: Federal Courts Refuse to Follow State Supreme Court’s Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more

10/23/2014 - Arbitration AT&T Mobility v Concepcion Class Action Arbitration Waivers Employment Contract Iskanian PAGA Trucking Industry

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

10/14/2014 - Class Action Discrimination Employer Liability Issues Injunctive Relief Pattern or Practice Railroads Rule 23 Title VII Unions

California Supreme Court Again Considers the Validity of Class and Representative Action Waivers

Today, in a highly-anticipated decision, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, Inc. (Case No. S204032), resolved several long-standing questions regarding the impact of class and...more

6/24/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Iskanian SCOTUS Trucking Industry

Russell v. Citigroup Inc. – Language in Revised Arbitration Agreement Torpedoes its Application to Pending Class Action

A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed. Russell v. Citigroup, Inc., Case No. 13-5994...more

4/16/2014 - Arbitration Agreements Citigroup Class Action Employer Liability Issues Wage and Hour

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for...

Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more

3/11/2014 - Allstate Certiorari Class Action Due Process SCOTUS

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

1/22/2014 - Butler v Sears Class Action Comcast Comcast v. Behrend Dukes v Wal-Mart Mold Litigation SCOTUS Sears Wal-Mart Whirlpool Whirlpool v Glazer

Fifth Circuit Rejects NLRB's D.R. Horton Decision - Too Soon For Champagne?

Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. ...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

Cullen v. State Farm - The Ohio Supreme Court Returns to Rule 23 Issues

On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more

11/20/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS Wal-Mart

LexisNexis v. Crockett -- Sixth Circuit Performs A Gateway Analysis In Class Arbitration Controversy

A Sixth Circuit panel has ruled that courts rather than arbitrators should determine whether class arbitration is authorized when the arbitration agreement “says nothing about classwide arbitration.” Citing First Options of...more

11/12/2013

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