News & Analysis as of

Remand Arbitration Reversal

Holland & Knight LLP

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

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The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate...more

Nutter McClennen & Fish LLP

Massachusetts Highest Court Holds Grubhub Drivers Are Not Exempt from Arbitration under FAA

In Archer, et al. v Grubhub, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that § 1 of the Federal Arbitration Act (FAA) applies to Grubhub delivery drivers. The plaintiffs, former delivery drivers for Grubhub,...more

Perkins Coie

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

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The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

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A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Goodwin

Fifth Circuit Holds That Waiver of Right To Arbitrate Is Claim Specific

Goodwin on

On September 14, 2021, the United States Court of Appeals for the Fifth Circuit held that One Technologies, L.P. (One Tech) did not waive its right to compel arbitration of plaintiff’s federal claim under the Credit Repair...more

Carlton Fields

Supreme Court of Mississippi Enforces Arbitration Agreement

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The Supreme Court of Mississippi has reversed and remanded a trial court’s refusal to enforce an arbitration agreement after rejecting the plaintiff’s arguments against arbitration. The Court also instructed the trial court...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

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Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Carlton Fields

$100 Million Arbitration Award Supported By “Even a Barely Colorable Justification” Upheld Under the FAA

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A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the “emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA, a policy that applies...more

Polsinelli

Class Action Waivers: The Law of Unintended Consequences

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In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

Carlton Fields

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Downey Brand LLP

SCOTUS Upholds Class Action Waivers in Arbitration Agreements

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In Epic Systems Corp. v. Lewis, the U.S. Supreme Court reaffirmed that employers subject to the Federal Arbitration Act (“FAA”) can require employees to arbitrate their disputes individually and waive the right to pursue...more

Fisher Phillips

Workplace Law Update For Washington Employers, Summer 2018 Edition

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Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new...more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

A&O Shearman

Hot Topics: Enforceability Of Arbitration Provisions In Employment Agreements

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On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Kelley Drye & Warren LLP

When Arbitration is in Play, Class Action is off the Table

In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...more

Davis Wright Tremaine LLP

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rescues the Collective Action Waiver in Employee Arbitration Agreements - Epic Systems v. Lewis resolves a circuit...

The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes. State laws, such as the California Private...more

PilieroMazza PLLC

Worried About Class Actions? SCOTUS Recently Handed Employers a Hall Pass.

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Last week, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB’s...more

K&L Gates LLP

It’s Epic: Supreme Court Approves Class-Action Waivers in Employment Agreements

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The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more

Morrison & Foerster LLP

Employment Law Commentary, Volume 30, Issue 5: What the Supreme Court’s “Epic” Decision Means for Employers

On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration...more

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