Searching Content indexed under Arbitration & Dispute Resolution by Morgan Lewis ordered by Published Date Descending.
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Supreme Court Upholds Class Waivers In Employment Arbitration Agreements
In Epic Systems Corp. v. Lewis, the US Supreme Court ruled in a 5-4 decision on May 21 that arbitration agreements with class and collective action waivers required as a condition of employment ...
United States
24 May 2018
Extension Of Fiduciary Rule Transition Period Likely Official End Of November
On November 1, the White House Office of Management and Budget (OMB) received a much-anticipated notice from the US Department of Labor (DOL) named "18-Month Extension of Transition Period...
United States
17 Nov 2017
NLRB Reaffirms 2012 D. R. Horton Decision
The decision holds that arbitration agreements with class and collective action waivers violate the National Labor Relations Act.
United States
17 Nov 2014
N.J. Supreme Court Rules That Consumer Arbitration Pact Is Invalid
The court found that the arbitration agreement failed to clearly and unambiguously advise that the plaintiff was giving up the right to pursue statutory claims in court.
United States
6 Oct 2014
California Supreme Court Enforces Class Action Waivers In Employee Arbitration Agreements
However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements.
United States
8 Jul 2014
Fifth Circuit Rejects NLRB’s Ban on Class Action Waivers
Court disagrees with the National Labor Relations Board’s D.R. Horton holding that arbitration agreements with a class/collective action waiver violate the National Labor Relations Act if the agreement is a condition of employment.
United States
5 Dec 2013
Supreme Court Again Enforces An Arbitration Agreement With A Class Action Waiver
In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive.
United States
10 Jul 2013
Class Action Arbitration Waiver Rejected By Federal Appellate Court
Second Circuit sidesteps Concepcion and holds that the ability to enforce federal statutory rights mandates that a plaintiff be allowed to pursue a class action in court notwithstanding the parties’ agreement to mandatory arbitration.
United States
14 Feb 2012
Arbitration Agreement Barring Class Litigation Violates The NLRA
The NLRB in D.R. Horton holds that the home builder violated the NLRA by conditioning employment on agreements providing that all employment disputes and claims would be resolved in arbitration, and foreclosing any litigation of "class" or "collective" claims in court or arbitration.
United States
11 Jan 2012
Policyholders May Not Be Limited to Cumis "Insurer Rates" If Defense Costs Are Not Timely or Fully Paid
A recent California decision has held that an insurer may not take advantage of a California mechanism for forcing an attorney’s fees arbitration on its insured if the insurer breached its duty to defend its insured either by failing to pay the full amount owed or by failing to make timely payment of defense costs.
United States
4 Oct 2010
California Appellate Court: Insurer Must Defend Insured In Alternative Dispute Resolution
In an important decision, a California appellate court recently held in Clarendon American Insurance Co. v. StarNet Insurance Co. (StarNet) that an insurer was required to defend its insured in a statutorily required pre-litigation dispute resolution process.
United States
25 Aug 2010
NLRB Issues Guidance Regarding Class Action Waivers in Individual Arbitration Agreements
Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court.
United States
28 Jun 2010
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