News & Analysis as of

Robert Half

Opalinski v. Robert Half International, Inc. — A Footnote in a Prior Opinion Doesn’t Signal the Supreme Court’s Willingness to...

by BakerHostetler on

After reading the Supreme Court’s opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was ready to resolve who determines the availability of class arbitration court...more

Court rules percentage based award is reasonable under California law - ignores federal precedent

by Hinshaw & Culbertson LLP on

In Laffitte v. Robert Half International Inc., 2014 DJDAR 15575, the California Court of Appeal for the Second Appellate District decided an interesting attorney fee case arising from class action wage and hour litigation....more

2014: The Year of Arbitrator Authority

A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority.  SCOTUS announced that theme for the year with its BG Group decision in March and...more

Clear Sailing Ahead For Class Counsel in California Settlement

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee...more

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets...more

Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide...

Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question....more

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

by Ballard Spahr LLP on

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

Third Circuit: Courts, Not Arbitrators, Decide Whether to Require Classwide Arbitration

by Cozen O'Connor on

Recent Supreme Court precedent has clearly reinforced the validity of contractual class action/arbitration waivers. In AT&T Mobility v. Concepcion, the Court made clear that class action waivers are enforceable, even if...more

Third Circuit Rules Class Arbitration a Question for the Courts

by Blank Rome LLP on

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to...more

Class Arbitration–A Gateway Issue for the Court

by Sherman & Howard L.L.C. on

In Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. July 30, 2014), former employees brought claims on behalf of themselves and others against Robert Half International (“RHI”) for unpaid overtime. The...more

Third Circuit: Availability of Classwide Arbitration is an Issue for the Courts – Not Arbitrators – Unless the Parties Agreed...

by BakerHostetler on

Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the courts “unless the parties unmistakably provide otherwise.” Opalinski v....more

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