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Class Action › Arbitration Agreements › Stolt-Nielsen

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Mintz - Arbitration, Mediation, ADR...

You’ll Have to Say It If You Mean It: Supreme Court Holds That Agreement to Permit “Class Arbitration” Must Be Express and...

Mintz - Arbitration, Mediation, ADR... on

Predictably, the U.S. Supreme Court has ruled in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 U.S. LEXIS 2943 (U.S. April 24, 2019), that, under the Federal Arbitration Act, neither silence nor “ambiguity” in an arbitration...more

Carlton Fields

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

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After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

Mintz - Arbitration, Mediation, ADR...

Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted,...

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When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new...more

Eversheds Sutherland (US) LLP

Class Action Report: 2010-2015

Eversheds Sutherland (US) LLP on

Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. These decisions, the most...more

Carlton Fields

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

Mintz - Employment, Labor & Benefits...

Sixth Circuit Court of Appeals Decision another Victory For Employers Seeking to Avoid Class Actions

Mintz - Employment, Labor & Benefits... on

Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and...more

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