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Class Action › Opt-Outs › Arbitration

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.
Amundsen Davis LLC

Silence is Not Always Golden: Land v. IU Credit Union

Amundsen Davis LLC on

The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to...more

Fisher Phillips

The First Wave of CCPA Class Action Litigation

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California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

Carlton Fields

Opt-Out Arbitration Program Binds Employees in Wage and Hour Class Action

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A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state wage and overtime laws...more

Seyfarth Shaw LLP

Uber Epic: Arbitration Agreement Topples Class Claims

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Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

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In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

Ballard Spahr LLP

Ninth Circuit Champions FAA Preemption Over Georgia Decision

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While the U.S. Court of Appeals for the Ninth Circuit has often found that state limitations on arbitration agreements are not in conflict with the Federal Arbitration Act (FAA), a recent ruling there confirms that...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

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To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

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In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Littler

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

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As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Ballard Spahr LLP

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

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Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

Carlton Fields

FCC Adopts New Privacy Rules

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On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

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Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Stinson LLP

Ninth Circuit Finds That Requiring Employees to Sign Class Action Waivers Violates the NLRA

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In a recent opinion, Morris v. Ernst & Young, the Ninth Circuit Court of Appeals followed the Seventh Circuit and held that employers violate the National Labor Relations Act (NLRA) when they require employees to sign an...more

Ballard Spahr LLP

Further Thoughts on the St. John’s Consumer Arbitration Study

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Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

Franczek P.C.

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

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As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

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