News & Analysis as of

Lamps Plus Inc v Varela Arbitration

King & Spalding

Two Circuit Courts Decline to Compel Arbitration in TCPA Class Actions, Holding That the Federal Policy to Broadly Construe...

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Two recent opinions by the Ninth and Second Circuits illustrate that challenges to the enforceability of arbitration agreements have not been dampened by a string of pro-arbitration Supreme Court rulings in the last decade. ...more

Ballard Spahr LLP

Petitioners in FAA Preemption Cases Receive Support of Industry Groups in Brief filed by Ballard Spahr with Supreme Court

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On March 26, the American Bankers Association and the Consumer Bankers Association, represented by Ballard Spahr, filed an amicus brief in support of petitions for certiorari asking the Supreme Court to review the Ninth...more

Benesch

States Seeking to Expand Availability of Private Attorney General Laws to Combat Arbitration Agreements

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In May 2018, the Supreme Court upheld the validity of arbitration agreements containing class action waivers in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), resolving a circuit split and ending a six-year dispute...more

Mintz - Arbitration, Mediation, ADR...

An "Affirmative" Contractual Basis to Permit Class Arbitration Is Required by Eighth Circuit

Under the Federal Arbitration Act (“FAA”), “a party may not be compelled . . . to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” Stolt-Nielsen S.A. v....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

PilieroMazza PLLC

SCOTUS Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses

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For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court and Evolving Arbitration Jurisprudence

The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more

Fisher Phillips

SCOTUS 2018-2019 Year In Review: “It Means What It Says. . . .”

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Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

Kilpatrick

Class arbitration is – almost – dead

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Recently, the Supreme Court imposed yet another roadblock to class arbitration in Lamps Plus, Inc. v. Varela. Relying on Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., the Court ruled that ambiguous language in an...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

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The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

Littler

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

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The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

King & Spalding

Supreme Court Rules Class Arbitrations Must Be Explicitly Authorized

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On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more

Blank Rome LLP

Have Employers Taken Home the Iron Throne with Lamps Plus?

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On April 24, 2019, the U.S. Supreme Court issued its 5–4 opinion in Lamps Plus, Inc., et al. v. Varela holding that class arbitration is only allowed when the parties’ agreement explicitly allows for it. In other words, when...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

Vedder Price on

In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

BakerHostetler

Supreme Court: Express Consent Required for Class Arbitration

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On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration....more

Kilpatrick

What the Lamps Plus court did not say about class arbitration

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In the aftermath of the Supreme Court’s decision in Lamps Plus, Inc. v. Varella, No. 17-988, 2019 WL 1780275 (U.S. Apr. 24, 2019), a lot of ink has been spilled on the issue of class arbitration.  The Lamps Plus majority,...more

Carlton Fields

Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light

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In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more

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...

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

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more

Hinshaw & Culbertson LLP

SCOTUS Reverses Ninth Circuit, Finds Class Arbitration Must be Explicitly Authorized in Agreements

Last year, the U.S. Supreme Court (SCOTUS) handed employers a major win in Epic Systems v. Lewis, when it ruled that employees must submit claims to arbitration on an individualized basis when their employment agreements...more

Kelley Drye & Warren LLP

Going It Alone: The Supreme Court Continues to Limit Class Arbitration for Employees

If you’re waiting for a reversal of the trend at the Supreme Court to limit employers’ ability to insist on arbitration instead of litigation, or of the trend limiting class claims, keep waiting. The Supreme Court...more

Baker Donelson

U.S. Supreme Court Curbs Class Arbitrations

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Intro - Last week, the Supreme Court may have put the final nail in the class arbitration coffin in Lamps Plus, Inc. v. Varela. ...more

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