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Supreme Court of the United States › D.R. Horton v NLRB

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 -
Benesch

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

Benesch on

On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Issue 7 Fall 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Class Action Waiver Update: Ogletree Deakins Files Supreme Court Amicus Brief Supporting Businesses and Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 16, 2017, Ogletree Deakins filed an amicus brief in the class action waiver cases that are currently before the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems...more

Fisher Phillips

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

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Littler

NLRB Continues Attack on Class and Collective Action Waivers

Littler on

There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right...more

Miller Canfield

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

Miller Canfield on

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more

Moore & Van Allen PLLC

D.R. Horton Déjà Vu: Will NLRB be Forced to Respect Class Action Waivers for Employers Doing Business in 5th Circuit?

Moore & Van Allen PLLC on

As it stands, the National Labor Relations Board (“NLRB”) has taken the position that class action waivers in individual employee/employer arbitration agreements are illegal and the agency continues to invalidate these...more

Fisher Phillips

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Fisher Phillips on

Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign...more

Troutman Pepper

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

Troutman Pepper on

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

BakerHostetler

That's A Spicy Meatball!

BakerHostetler on

As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. Ct. 1740...more

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