Searching Content indexed under Arbitration & Dispute Resolution by BakerHostetler ordered by Published Date Descending.
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Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration
The Employee Retirement Income Security Act of 1974 ("ERISA") was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then
United States
27 Aug 2019
Ohio Supreme Court Addresses Waiver Of The Right To Arbitrate In The Putative Class Action Context
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right
United States
22 Aug 2019
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
NY Law Doesn't Prevent Arbitration Of Sexual Harassment Claims
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes
United States
16 Aug 2019
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
Supreme Court: Express Consent Required For Class Arbitration
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration.
United States
29 May 2019
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
SCOTUS Reverses Ninth Circuit On Proper Bases For Class Arbitrations
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a "contractual basis for concluding that the part[ies] agreed to [class arbitration]."
United States
10 May 2019
Illinois District Court Stays Conditional Certification Order Pending Appeal On Arbitrability Issues
Following the Supreme Court's decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration
United States
26 Apr 2019
Two New Bills In Congress Seek To Restrict Arbitration Agreements
Two bills making their way through Congress are taking aim at the practice of including binding arbitration agreements in consumer-facing contracts, particularly those in financial industry contracts.
United States
26 Apr 2019
U.S. Supreme Court Issues Pair Of Decisions Upholding Use Of Arbitration By Employers
In January of this year, the Supreme Court issued a pair of decisions addressing additional issues related to the use of arbitration.
United States
11 Apr 2019
Kentucky Rejoins The Majority – New Law Permits Mandatory Arbitration Agreements
A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable.
United States
10 Apr 2019
Arbitration For Transportation Workers? The Anticipated Push To Expand The FAA Exemption
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry.
United States
21 Mar 2019
Fifth Circuit Addresses Notices Of Collective Action For Those Who Signed Arbitration Agreements Requiring Only Individual Claims
The intersection of FLSA collective action procedures and employee arbitration agreements waiving aggregate actions has led to differing approaches among the district courts.
United States
5 Mar 2019
New Prime Decision Adds Uncertainty to Arbitration In The Transportation Industry
The U.S. Supreme Court's decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers both employees and independent contractors of a trucking company.
United States
23 Jan 2019
Supreme Court Decides First Arbitration Case On Its Docket – Henry Schein, Inc. v. Archer & White Sales, Inc.
As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court's docket.
United States
21 Jan 2019
Supreme Court Overturns "Wholly Groundless" Exception To Contractual Delegations Of Arbitrability Decisions To Arbitrators
On Jan. 8, 2019, the U.S. Supreme Court issued a unanimous decision regarding an important procedural issue under the Federal Arbitration Act (FAA).
United States
16 Jan 2019
#MeToo Continues To Spur Announcements Of Companies Nixing Mandatory Arbitration
In response to global protests against sexual harassment and for a more equal working environment after a New York Times article broke stating Google had concealed allegations of sexual misconduct of several of its executives and paid a senior vice president $90 million after such allegations against him were substantiated, Google announced that it will handle sexual harassment claims with transparency and employees will no longer be required to arbitrate sexual harassment or sexual assault clai
United States
7 Jan 2019
What's Ahead At The Supreme Court?
There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers
United States
28 Dec 2018
Fifth Circuit Holds That The Company In Class Action Waived Its Right To Arbitrate Because Of Litigation Conduct
The standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the circuits or easily applied.
United States
7 Dec 2018
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