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All articles tagged '"class arbitration"'
72 articles found
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement
By Beth Graham - April 25, 2019
Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
SEC Issues No-Action Letter Over Shareholder’s Mandatory Arbitration Proposal
By Beth Graham - February 21, 2019
A division of the United States Securities and Exchange Commission (“SEC”) has issued a no-action letter stating a New Jersey-based company, Johnson & Johnson, may omit a shareholder’s proposal to require mandatory arbitration of shareholder claims and prohibit class arbitration without becoming subject to an Agency enforcement action.
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.
Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration
By Beth Graham - August 18, 2018
It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.
SCOTUS Grants Certiorari in Yet Another Class Arbitration Dispute
By Beth Graham - May 4, 2018
The Supreme Court of the United States has granted certiorari in yet another class arbitration dispute in the labor context.
Wisconsin Federal Court Confirms Class Arbitration Award Ahead of SCOTUS Decision
By Beth Graham - December 11, 2017
As much of the nation eagerly anticipates a pending United States Supreme Court ruling regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act, a Wisconsin federal court has decided to uphold a class arbitration award in a wage and hour case.
Federal Judge Denies Class Arbitration Request in Legal Data Security Case
By Beth Graham - March 30, 2017
An Illinois federal judge has ruled that client data security claims filed against a Chicago-based law firm must be decided through individual arbitration.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
U.S. Supreme Court Upholds Class-Arbitration Waiver in DirecTV Consumer Dispute
By Beth Graham - December 16, 2015
The United States Supreme Court has upheld an arbitration clause that bars satellite television consumers from engaging in collective action against the service provider.
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