Michael Wolgin on Class Action Arbitration Waivers

Second Circuit Rejects Enforcement of Class Waiver and Arbitration Agreement Under FAA, Finds That Provisions Impermissibly...

The plaintiff sued the trustee of his retirement plan, his former employer, and others for breach of fiduciary duties in connection with the plan’s purchase of shares of the employer’s parent company for more than fair market...more

9/12/2024 / Arbitration , Arbitration Agreements , Breach of Duty , Class Action Arbitration Waivers , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Federal Arbitration Act , Fiduciary Duty , Motion to Compel , Retirement Plan

Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying...

Oracle America Inc. appealed the trial court’s order compelling class arbitration in an employment dispute in which there were two agreements at issue, one with, and one without, a class action waiver. The Ninth Circuit...more

5/1/2019 / Appeals , Arbitration , Arbitration Agreements , Arbitrators , Class Action Arbitration Waivers , Class Arbitration , Employment Litigation

California Appellate Court Holds U.S. Supreme Court’s Epic Systems Ruling Does Not Authorize Waiver of Class Relief or Arbitration...

Former employees sued their former employer, alleging wage and hour violations and seeking civil penalties under the California Private Attorneys General Act of 2004 (PAGA). In response, the employer petitioned for...more

4/11/2019 / Appeals , Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Employment Litigation , Epic Systems Corp v Lewis , Iskanian v CLS Transportation , Private Attorneys General Act (PAGA)

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed On An Individual Basis Was Not A “Manifest Disregard Of The Law”

A refinery operator (“Wulfe”), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA). The court compelled arbitration, and the...more

5/18/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Employment Litigation , Iskanian , Manifest Disregard , Private Attorneys General Act (PAGA)

Court Applies Concepcion And Compels Arbitration, Rejecting Claim That Agreement Precluded “Effective Vindication Of State...

In a putative class action alleging violation of Pennsylvania labor laws, unfair trade practices, and other state law claims brought by a franchisee against the franchisor and two subsidiaries, the court stayed the...more

3/31/2015 / Arbitration , Class Action Arbitration Waivers , Fee-Shifting , Franchise Agreements , Franchises , Putative Class Actions , Unfair Labor Practices , Unfair or Deceptive Trade Practices

NLRB Reaffirms Its D.R. Horton Decision, Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On February 16, 2012, we reported on the National Labor Relations Board’s D.R. Horton decision, which ruled that arbitration agreements that are signed as a condition of employment and preclude employees from bringing joint,...more

12/17/2014 / Class Action , Class Action Arbitration Waivers , D.R. Horton v NLRB , Employer Liability Issues , Employment Contract , NLRB

Arbitration Denied In Class Action Where Plaintiff’s Trust Was A Party To Arbitration Agreement, But Plaintiff Was Not

In a life settlement transaction, in which a life insurance policy is sold by its owner to another for more than its cash-surrender value but less than the net death benefit, the seller contended that the broker and purchaser...more

9/23/2014 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Death Benefits , Federal Arbitration Act , Life Insurance

Michael Wolgin

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