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Class Action › Unenforceable Contract Terms › Mandatory Arbitration Clauses

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.
Ervin Cohen & Jessup LLP

Previous Arbitration Agreements Are Potentially Unenforceable Against Re-Hired Employees

Ervin Cohen & Jessup LLP on

Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California.  The hostility to employment arbitration remains evident, however, among...more

Holland & Knight LLP

The Law on ERISA Plan Arbitration Provisions Remains Unsettled

Holland & Knight LLP on

As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Burns & Levinson LLP

How to Have an Enforceable Arbitration Clause and Retain the Right to Modify Your Agreement

Burns & Levinson LLP on

While being a defendant in a lawsuit is no fun, being a defendant in a class action lawsuit is especially painful. If you are in-house counsel in a service business, you may be particularly vulnerable to such actions and, no...more

Carlton Fields

First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

Carlton Fields on

The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more

Ervin Cohen & Jessup LLP

McGILL v. CITIBANK, N.A.

Ervin Cohen & Jessup LLP on

I have received a few questions from employers about the recent California Supreme Court decision in McGill v. Citibank, N.A.. The McGill case isn’t an employment law case, but rather deals with a consumer class action....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

Sheppard Mullin Richter & Hampton LLP on

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Holds Class Action Waivers are Unlawful and Unenforceable Creating a Circuit Split

Sheppard Mullin Richter & Hampton LLP on

On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any...more

Morrison & Foerster LLP

Struggle At The Supreme Court Over Arbitration Clauses

Morrison & Foerster LLP on

The U.S. Supreme Court returned to familiar territory last week in DirecTV Inc. v. Imburgia (argued Oct. 6, 2015): the enforceability of an arbitration clause in a consumer contract containing a class action waiver. But...more

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