Stephanie Adler-Paindiris on Arbitration Agreements

Resolving Circuit Split, U.S. Supreme Court Says Courts ‘Shall’ Stay Cases Sent to Arbitration

“Shall” means “shall” in the Federal Arbitration Act (FAA), a unanimous U.S. Supreme Court held in Smith v. Spizzirri, No. 22–1218 (May 16, 2024). The Court explained the language in the FAA providing a court “shall on...more

5/21/2024 / Arbitration , Arbitration Agreements , Certiorari , Dismissals , Federal Arbitration Act , Judicial Proceedings , Mandatory Arbitration , SCOTUS , Smith v Spizzirri , Stays

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

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

Seventh Circuit Denies Full Court Review Of Class Notice Question

The U.S. Court of Appeals for the Seventh Circuit has denied en banc review of a ruling that created a new framework for when employees who have entered into arbitration agreements receive collective action...more

3/9/2020 / Arbitration Agreements , Class Action , Employment Litigation , En Banc Review

Seventh Circuit Issues New Standard On Class Notice To Employees Who Signed Arbitration Agreements

The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class...more

1/28/2020 / Arbitration , Arbitration Agreements , Corporate Counsel , Fair Labor Standards Act (FLSA) , Over-Time

Fifth Circuit Rules District Court Erred In Ordering Notice Of Collective Action To Employees Who Signed Arbitration Agreements

In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order notice be sent to employees as part of a certification who, by a...more

2/27/2019 / Arbitration Agreements , Class Action , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Unpaid Wages , Wage and Hour

Class Action Trends Report Fall 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Are you my employer? A...more

12/13/2018 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Class Certification , Disability Discrimination , Employer Liability Issues , Employment Discrimination , Employment Litigation , Hiring & Firing , Independent Contractors , Joint Employers , Misclassification , Sex Discrimination , Sexual Harassment , Unpaid Interns , Wage and Hour

Eleventh Circuit: Court Will Decide Parties’ Intentions In ‘Unclear’ Arbitration Agreements

In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue left open by the U.S. Supreme Court, the Eleventh Circuit has ruled that who decides whether an action can be litigated as a class in...more

9/28/2018 / Arbitration , Arbitration Agreements , Class Action , Class Arbitration , Corporate Counsel , Federal Arbitration Act

Just As With The NLRA, The FLSA Does Not Preclude Collective Action Waivers In Arbitration Agreements, Sixth Circuit Holds

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in employment-related arbitration agreements, the Sixth Circuit Court of Appeals...more

8/29/2018 / Arbitration Agreements , Class Action Arbitration Waivers , Collective Action Waivers , Fair Labor Standards Act (FLSA) , Motion to Compel , NLRA , Wage and Hour

[Webinar] Class Actions and Complex Litigation Webinar Series - The California Class Action - March 14th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

2/28/2017 / Arbitration Agreements , Class Action , Class Certification , Collective Actions , Continuing Legal Education , Defense Strategies , Employer Liability Issues , Private Attorneys General Act (PAGA) , Webinars

Supreme Court Review Likely After Seventh Circuit Creates Split on Class and Collective Action Waivers under NLRA

Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held that arbitration agreements that prohibit employees from bringing or participating in class or...more

6/3/2016 / Arbitration Agreements , Corporate Counsel , D.R. Horton v NLRB , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , Wage and Hour

Stephanie Adler-Paindiris

Jackson Lewis P.C.

Popular Topics by This Author

Latest Posts › Arbitration Agreements