News & Analysis as of October 13, 2024

Arbitration Agreements

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Cryptocurrency, Sweepstakes, and the Supreme Court: A Tale of Two Contracts

Troutman Pepper on 5/28/2024

On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability...more

SCOTUS Rules that Litigation Must Cease While Question of Arbitrability is on Appeal

Harris Beach PLLC on 6/30/2023

In a decision with implications nationwide, the Supreme Court of the United States recently ruled that, under the Federal Arbitration Act — the principal federal statute that governs judicial enforcement of arbitration...more

“C” Is for Consent When It Comes to Arbitration in California: U.S. Supreme Court Holds that Representative Action Waivers Are...

Blank Rome LLP on 6/24/2022

Last week, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (US 20–1573 6/15/22) (“Moriana”). The singular question presented to the Court was whether the Federal...more

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on 2/16/2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Class Action Roundup: Summer 2018

Alston & Bird on 8/17/2018

Where the (Class) Action Is - Welcome to the latest edition of the Class Action Roundup, covering significant decisions and settlements from the second quarter of 2018. Arbitration was a hot topic this quarter with the...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

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

Employment Law This Week®: Arbitration Agreement Enforcement, Maryland’s #MeToo Legislation, California’s National Origin...

Epstein Becker & Green on 6/4/2018

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Supreme Court Removes A Final (?) Roadblock For Employment Arbitration Agreements

McCarter & English, LLP on 5/28/2018

Class action lawsuits against employers have steadily increased both in number and in dollar value over the past two decades. These lawsuits cost employers millions, often for technical or minor violations spread over many...more

The Epic Systems Decision: Where Do Employers Go from Here?

Blank Rome LLP on 5/24/2018

The U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis has significant ramifications for the scope of class action waivers in employee arbitration agreements. In each of the three consolidated cases that the Court’s...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

Baker Donelson on 10/17/2017

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

Supreme Court Preview: 2017-2018 Term

Jackson Lewis P.C. on 9/27/2017

The U.S. Supreme Court will begin its 2017-2018 Term with no shortage of cases significant to employers and businesses. Cases to watch involve questions about employment arbitration agreements, Dodd-Frank Act’s protections of...more

New York Appeals Court Rejects Enforceability Of Class Action Waivers – But Is This Ruling Short-Lived?

Jackson Lewis P.C. on 7/25/2017

In an issue of first impression in the state of New York, last week the New York Supreme Court, Appellate Division (the state’s intermediate appellate court) weighed in on the enforceability of arbitration provisions that...more

SCOTUS Puts the Class Action Waiver Issue at the Top of Its Agenda

Seyfarth Shaw LLP on 7/24/2017

Perhaps signaling the importance of the issue for American businesses and jurisprudence, the U.S. Supreme Court? chose the first day of its term beginning in October as the date to set oral arguments in three petitions for...more

2016 Class Action Year-End Review

BakerHostetler on 3/31/2017

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 2/6/2017

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

Littler on 2/1/2017

President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

PilieroMazza PLLC on 1/17/2017

On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor...more

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