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All articles tagged '"class action"'

91 articles found

NLRB Continues Attack on Class and Collective Action Waivers

By Beth Graham - March 16, 2016
The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.

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CFPB Proposal Would Allow Consumers to Forego Arbitration in Favor of Class Litigation

By Beth Graham - October 8, 2015
The Consumer Financial Protection Bureau (“CFPB”) is reportedly considering implementing new regulations that would stop banks and other financial institutions from requiring consumers to settle disputes through binding arbitration.

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After the Revolution: An Empirical Study of Consumer Arbitration

By Beth Graham - June 15, 2015
Professors David Horton and Andrea Cann Chandrasekher, University of California, Davis School of Law, have authored “After the Revolution: An Empirical Study of Consumer Arbitration,” Georgetown Law Journal, Vol. 104, 2015, Forthcoming.

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Potential Class Action Privacy Case Against Facebook Heads to Mediation

By Beth Graham - June 6, 2015
Social media giant Facebook has reportedly agreed to engage in mediation with website users who claim the company violated their right to privacy.

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Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights

By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.

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The End of Class Actions?

By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.

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Privatizing Mass Settlement

By Beth Graham - January 26, 2015
University of Georgia School of Law Assistant Professor Jaime Dodge has published “Privatizing Mass Settlement,” 90 Notre Dame L. Rev. 335 (2014); UGA Legal Studies Research Paper No. 2015-2. In her scholarly article, Professor Dodge examines privatized bilateral mass settlement as an alternative to both arbitration and multi-district litigation.

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One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits

By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.

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Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation

By Beth Graham - October 24, 2014
A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation.

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California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers

By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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