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All articles tagged '"class action waiver"'
26 articles found
Marriott Won’t Require Data Breach Victims to Individually Arbitrate Claims
By Beth Graham - January 24, 2019
Late last year, hotel giant Marriott International disclosed a data breach that began in 2014 and affected approximately 500 million Marriott and Starwood Preferred guest accounts.
Misclassification in the Sharing Economy: It’s the Arbitration Agreements
By Beth Graham - August 8, 2017
Elizabeth Chika Tippett, Assistant Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It's the Arbitration Agreements,” Rutgers Law Review, Forthcoming.
Second Circuit Upholds Employment-Related Class-Action Waiver Requiring Individual Arbitration
By Beth Graham - September 7, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”).
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
San Antonio COA Holds Payday Lender Did Not Waive Right to Arbitrate When it Filed Criminal Charges Against Customers
By Beth Graham - August 4, 2016
In a 2-1 decision, Texas’ Fourth Court of Appeals in San Antonio has ruled that a payday loan business did not waive its right to engage in arbitration when the company filed criminal complaints against its defaulting customers.
SD Texas Holds Mediation Agreement May Not Reduce Statute of Limitations for Federal ADA, FLSA Claims
By Beth Graham - August 13, 2013
The Southern District of Texas has held that a class action waiver in a mediation agreement was enforceable, but a reduced statute of limitations was not.
FINRA Hearing Panel States FAA Preempts Rules Permitting Class Action Claims
By Beth Graham - March 6, 2013
A Financial Industry Regulatory Authority (FINRA) panel has stated broker-dealer Charles Schwab may enforce a class action waiver included in its customer arbitration agreement despite the existence of a FINRA rule that prohibits such waivers. According to the panel, the FINRA rule is preempted by the Federal Arbitration Act (FAA). In Department of Enforcement v. Charles Schwab & Company, Inc., No. 2011029760201, FINRA’s Enforcement Departmen
California Court Affirms Class Action Waivers in Employment Arbitration Contracts
By Victoria VanBuren - June 19, 2012
The California Court of Appeal held that class action waivers are enforceable in California employment arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Arshavir Iskanian worked as a driver for defendant CLS Transportation Los Angeles, LLC (“CLS”) from March 2004 to August 2005. In December 2004, Iskanian signed a “Proprietary Information and Arbitration Policy/Agreement” (arbitration agreement) that contains
Ninth Circuit Rules on Enforceability of Class Action Waiver Under the Federal Arbitration Act
By Victoria VanBuren - April 4, 2012
In Coneff v. AT&T, No. 09-35563 (9th Cir. March 16, 2012), Plaintiffs are current and former customers of defendants, New Cingular Wireless Services, Inc., and AT&T Mobility, LLC (“AT&T”). Plaintiffs filed a class action against AT&T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The service agreement requires individualized arbitration of “all disputes and claims,” and
DRI Today | Arbitration in Class Actions
By Victoria VanBuren - November 3, 2011
In the wake of AT&T v. Concepcion, James D. Smith of the DRI Blog has published the following timely commentary about class arbitration: Plaintiffs’ Efforts To Use Discovery To Circumvent Concepcion And Class Waivers In Arbitration (Oct. 5, 2011) Enforcement and Rejection of Class Action Waivers in Arbitration Provisions Since Concepcion (Sept. 26, 2011) Reviving Arbitrations In Class Actions (Sept. 13, 2011) Technorati Tags: law, ADR, arbitr
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