On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures...more
As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held that a plaintiff cannot be compelled to...more
When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more
Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more
The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more
In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more
Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall within the “transportation worker exemption” to the Federal Arbitration Act...more
A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a...more
The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more
The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more
6/28/2023
/ Arbitration Agreements ,
Automatic Stay ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Fraud ,
Interlocutory Appeals ,
Motion to Compel ,
Pre-Trial Motions ,
SCOTUS ,
Stays
On May 9, 2023, the California Supreme Court heard oral arguments in Adolph v. Uber to decide “[w]hether an aggrieved employee who has been compelled to arbitrate [their individual] claims under the [California Labor Code]...more
In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to invalidating arbitration...more
The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more
A pair of recent California Court of Appeal decisions serve as yet another reminder to employers of the difficulties that they potentially face when enforcing arbitration agreements in California and, as a result, the...more
Among the many challenges employers face in enforcing employment arbitration agreements in California are employees arguing that they are not bound by the agreement because they do not recall signing it, even when the...more
The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more
Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc....more
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more
Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of...more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more
6/29/2022
/ Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Department of Labor (DOL) ,
Enforceability ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Personal Jurisdiction ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
SCOTUS ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
Wage Statements
Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more
Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more
6/8/2022
/ Arbitration Agreements ,
Class Action ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Interstate Commerce ,
Over-Time ,
SCOTUS ,
Southwest Airlines ,
Supervisors ,
Transportation Industry ,
Wage and Hour
A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more
In December 2021, the U.S. Supreme Court agreed to hear arguments in Viking River Cruises v. Moriana (Viking). The question presented in Viking is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral...more
On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims....more