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US Supreme Court Clarifies Language Triggering Class-wide Arbitration

A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more

Employees Can Be Required to Arbitrate FLSA Claims

The Fair Labor Standards Act (FLSA) does not bar agreements stating that individual arbitration is the "only forum" for employment claims, the Sixth Circuit recently held. In Gaffers v. Kelly Services, an employee alleged...more

U.S. Supreme Court Enforces Class Action Arbitration Waivers Despite Claim That Cost of Arbitrating Exceed Potential Recovery

The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more

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