News & Analysis as of

Arbitration Class Action Binding Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Orrick, Herrington & Sutcliffe LLP

The Revival of Badie Arbitration Suits in Consumer Finance

Bilateral arbitration is under increasing attack. While businesses evaluate whether and how to update their arbitration clauses in light of the U.S. Court of Appeals for the Ninth Circuit's October decision in Heckman v. Live...more

McGlinchey Stafford

Court Excludes Class Members with Binding Arbitration Agreements

McGlinchey Stafford on

In an important decision regarding the size and potential scope of a putative class, the United States District Court for the Southern District of Ohio recently granted a defendant’s motion to exclude from a class action all...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Akerman LLP - HR Defense

California’s Arbitration Agreement Ban on Hold

A controversial California law that would have prevented employers from requiring arbitration agreements as a condition of employment has been enjoined from taking effect by a federal district judge. Assembly Bill 51 (AB 51)...more

Carlton Fields

Second Circuit Finds Arbitrator Within Authority to Bind Absent Class Members to Arbitration

Carlton Fields on

In reversing a New York federal court, the Second Circuit found the arbitration was within the arbitrator’s authority in binding absent class members to class proceedings because, by signing the operative arbitration...more

Hogan Lovells

D.C. District Court: Arbitration Agreements Require a Distinct Intention to be Bound

Hogan Lovells on

Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision.  ...more

Ballard Spahr LLP

Ninth Circuit Champions FAA Preemption Over Georgia Decision

Ballard Spahr LLP on

While the U.S. Court of Appeals for the Ninth Circuit has often found that state limitations on arbitration agreements are not in conflict with the Federal Arbitration Act (FAA), a recent ruling there confirms that...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Akerman LLP - HR Defense on

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

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