News & Analysis as of

Split of Authority D.R. Horton v NLRB

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court to Decide Class Action Waiver Divide

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations...more

Moore & Van Allen PLLC

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

Moore & Van Allen PLLC on

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...more

Moore & Van Allen PLLC

“Loath to create a circuit split,” the Fifth Circuit Overturns NLRB’s D.R. Horton Ruling that Class Arbitration Waivers in...

Moore & Van Allen PLLC on

The Fifth Circuit Court of Appeals recently rendered its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), revised December 4, 2013, which reversed the National Labor Relations Board...more

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