News & Analysis as of

Supreme Court of the United States Class Action Arbitration Waivers

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Is “Class Arbitration” an Oxymoron?

“Class arbitration” — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive. Another view is that it is the Frankenstein’s monster of...more

2016 Class Action Year-End Review

by BakerHostetler on

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

February 2017: The 12 Biggest Labor And Employment Law Stories

by Fisher Phillips on

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

SCOTUS Hearing Arbitration Case Wednesday; Spotlight On State Cases

While the Supreme Court has put off hearing a more contentious arbitration case until the fall (presumably in hopes that it will have nine justices by then), tomorrow it will hear the nursing home arbitration case from...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

by Foley & Lardner LLP on

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Are Class Action Waivers Enforceable?

by Carlton Fields on

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

by Benesch on

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v....more

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

by Carlton Fields on

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

by Seyfarth Shaw LLP on

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more

ALERT: United States Supreme Court Delays Oral Argument in Class Action Waiver Cases

by Jackson Lewis P.C. on

Yesterday, the United States Supreme Court notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v. Morris, Case No....more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

by Fisher Phillips on

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

January 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

by Littler on

President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

"2016-17 Supreme Court Update"

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Arbitration Is Back on the Docket: The Supreme Court to Review the Enforceability of Class Action Waivers in Employment...

by K&L Gates LLP on

The United States Supreme Court recently granted certiorari in a trio of cases—Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA Inc., No. 16-307—to decide on a...more

U.S. Supreme Court to Decide Validity of Class Action Waivers

by Conn Maciel Carey LLP on

The U.S. Supreme Court has agreed to review the validity of class action waiver clauses in employment arbitration agreements to resolve a conflict among the federal appellate courts. As our firm has explained in prior blog...more

ERISA Class Action Waivers and Mandatory Arbitration–Will The Supreme Court Start A Trend?

by Seyfarth Shaw LLP on

Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more

Mandatory Employee Arbitration Heads to the U.S. Supreme Court

by Snell & Wilmer on

Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more

U.S. Supreme Court to Decide Class Action Waiver Divide

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations...more

Supreme Court Grants Certiorari In Three Class Arbitration Waiver Cases Amidst Developing Federal Circuit Split

by Carlton Fields on

The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act (“NLRA”). The three cases are as follows...more

Supreme Court Agrees to Review NLRB Position on Class Action Arbitration Waivers

Last week, the U.S. Supreme Court accepted review of a case that should decide whether employers can include class and collective action waivers in mandatory arbitration agreements signed with individual employees. Under...more

Kardashians Kept Out of Arbitration (and other recent arbitration news)

Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel...more

Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both...more

U.S. Supreme Court Agrees to Decide Fate of Class-Action Waivers

by Lathrop & Gage LLP on

As many employers may remember, on August, 22, 2016, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that class-action waivers in mandatory employee arbitration agreements were unlawful, holding...more

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