News & Analysis as of

Motion to Compel

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

by Ervin Cohen & Jessup LLP on

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

Balch & Bingham LLP

Compelling Arbitration of TCPA Claims Alive and Well

by Balch & Bingham LLP on

Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). ...more

Carlton Fields

Court Denies Reinsurers’ Attempts to Avoid Suit

by Carlton Fields on

The U.S. District Court for the District of Columbia recently denied attempts by reinsurers to avoid a suit by moving to have the claims against them dismissed or, in the alternative, seeking to compel arbitration or stay the...more

CloudNine

Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law

by CloudNine on

In Lawson v. Spirit Aerosystems, Inc., No. 18-1100-EFM-ADM (D. Kan. Apr. 26, 2019), Kansas Magistrate Judge Angel D. Mitchell granted in part and denied in part the plaintiff’s motion to compel, ordering the defendant to...more

Blank Rome LLP

Have Employers Taken Home the Iron Throne with Lamps Plus?

by Blank Rome LLP on

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

by 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

Lane Powell PC

ERISA: Defeating Motions to Compel Discovery Related to Medical Review Experts

by Lane Powell PC on

Disability claimants often attack the ERISA plan’s expert medical reviewer as biased, sometimes seeking discovery in an attempt to show bias. Here’s a new case that highlights what can happen in a de novo review case: No...more

Foley & Lardner LLP

Employer’s Failure to Respond Waives Written Arbitration Agreement

by Foley & Lardner LLP on

Employers with mandatory arbitration agreements should be careful to re-affirm their commitment to such arbitration agreements in light of a recent state court decision in Texas, Adock v. Five Star Rentals/Sales, Inc., No....more

BakerHostetler

Supreme Court: Express Consent Required for Class Arbitration

by BakerHostetler on

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

Winstead PC

Federal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm Should Not Be Compelled To Arbitration

by Winstead PC on

In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019)....more

Kilpatrick Townsend & Stockton LLP

What the Lamps Plus court did not say about class arbitration

by Kilpatrick Townsend & Stockton LLP on

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

Tenth Circuit Finds No Jurisdiction to Hear Appeal of District Court Stay Order While Motion to Compel Arbitration Is Pending in...

by Carlton Fields on

The plaintiff sued the defendants (collectively, DAL) in Colorado federal court after they denied his application for a Subway restaurant franchise....more

Carlton Fields

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

by Carlton Fields on

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

Bradley Arant Boult Cummings LLP

South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause

by Bradley Arant Boult Cummings LLP on

The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a...more

Wilson Sonsini Goodrich & Rosati

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

by Wilson Sonsini Goodrich & Rosati on

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

Parker Poe Adams & Bernstein LLP

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

by Parker Poe Adams & Bernstein LLP on

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

Kelley Drye & Warren LLP

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

by Kelley Drye & Warren LLP on

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

Novack and Macey LLP

California Appeals Court Holds, As A Matter Of First Impression That Pending Stock Buyout Does Not Preclude Shareholders’ Petition...

by Novack and Macey LLP on

In Ielmini v. Patterson Frozen Foods, Inc., No. F073377, 2018 WL 4348020 (Cal. Ct. App. Sept. 12, 2018), review denied (Dec. 19, 2018), the California court of appeals addressed an issue of first impression, namely, whether...more

CloudNine

Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law

by CloudNine on

In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), Michigan Magistrate Judge Anthony P. Patti granted and denied the plaintiff’s motion to compel...more

Baker Donelson

U.S. Supreme Court Curbs Class Arbitrations

by Baker Donelson on

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

Payne & Fears

Key California Employment Law Cases: March 2019

by Payne & Fears on

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Dentons

Lamps Plus, Inc. et al. v. Valera: US Supreme Court makes it crystal clear: No clarity, no class

by Dentons on

On April 24, 2019, the US Supreme Court ruled on the question of whether the Federal Arbitration Act (the “FAA”) “bars an order requiring class arbitration when an agreement is … ‘ambiguous’ about the availability of such...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract Language

by Obermayer Rebmann Maxwell & Hippel LLP on

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court. In its landmark Epic Systems...more

Weil, Gotshal & Manges LLP

The Supreme Court Rules on Lamps Plus, Inc. v. Varela

by Weil, Gotshal & Manges LLP on

On April 24, 2019, in Lamps Plus, Inc. v. Varela, the Supreme Court held in a 5-4 decision that arbitration agreements must expressly provide by their terms for class arbitration, rejecting prior decisions suggesting that...more

Vedder Price

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

by Vedder Price on

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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