News & Analysis as of

Arbitration FRCP 23

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 -
BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

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Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

FordHarrison

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely...

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On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc....more

Ballard Spahr LLP

House passes bill to ban mandatory arbitration agreements; White House threatens veto

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This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary...more

Ballard Spahr LLP

House Judiciary Committee passes bill to ban mandatory arbitration agreements

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Last week, by a vote of 22-14 (with one Republican voting for the bill), the House Judiciary Committee passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in...more

BakerHostetler

Ohio Supreme Court Addresses Waiver of the Right to Arbitrate in the Putative Class Action Context

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In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right to arbitrate in the class action context where only unnamed...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

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Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

Balch & Bingham LLP

Top 10 Key Class Action Points for 2019

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Some legal commentators and lawyers have pronounced the death of class actions in light of significant changes in the law in the last fifteen years, including the passage of the Class Action Fairness Act and the Supreme...more

Mintz - Arbitration, Mediation, ADR...

Eleventh Circuit Adjudicates the Delegation Issue with Respect to “Class Arbitrability” No Differently Than for Bilateral...

The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of “class arbitration” is very different from your uncle’s classic bilateral arbitration. (“Class arbitration” signifies...more

Kilpatrick

Class arbitration – can it even work?

Kilpatrick on

Courts continue to devote a lot of attention on the area of class arbitration. The U.S. Supreme Court has a case on its docket, the Eleventh Circuit just decided an issue of first impression, and another important case is...more

BakerHostetler

O’Connor v. Uber: The Ninth Circuit Unravels the Class Certification Orders in Appeals From Four Related Actions

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In O’Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen’s rulings, reversed the denial of Uber Technologies Inc.’s motions to compel arbitration, also reversed...more

Alston & Bird

Class Action Roundup: Summer 2018

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Where the (Class) Action Is - Welcome to the latest edition of the Class Action Roundup, covering significant decisions and settlements from the second quarter of 2018. Arbitration was a hot topic this quarter with the...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Robinson+Cole Class Actions Insider

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Mintz - Arbitration, Mediation, ADR...

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

Littler

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

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On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Miller & Martin PLLC

Class Action Alert: Recent Developments Favorable for Employers

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Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

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