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All articles tagged '"class arbitration"'
72 articles found
In Apparent Showdown, NLRB Continues to Hold Class Arbitration Waivers in Employment Contracts Invalid
By Beth Graham - December 3, 2015
The National Labor Relations Board (“NLRB”) has once again found that an employer’s mandatory class-action arbitration waiver violates the National Labor Relations Act (“NLRA”).
Incentives for Large-Scale Arbitration: How Policymakers Can Influence Party Behaviour
By Beth Graham - December 1, 2015
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law and Senior Fellow at the Center for the Study of Dispute Resolution, has authored “Incentives for Large-Scale Arbitration: How Policymakers Can Influence Party Behaviour (Chapter),” Dossier XIII: Class and Group Actions in Arbitration (ICC Institute of World Business Law, anticipated 2016); University of Missouri School of Law Legal Studies Research Paper N
NLRB Yet Again Rules Class Arbitration Waivers in Employment Contracts are Invalid
By Beth Graham - November 18, 2015
The National Labor Relations Board (“NLRB”) has yet again ruled that a class arbitration waiver included in an employment contract violates the National Labor Relations Act (“NLRA”).
“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim
By Beth Graham - November 13, 2015
Disputing would like to invite you to read Liz Kramer’s recent blog post entitled “'Older Workers' Do Not Have To Arbitrate Statutory Employment Claim.”
U.S. Supreme Court Denies Certiorari Petition in California Class Arbitration Case
By Beth Graham - February 11, 2015
The United States Supreme Court has refused to consider a California case holding the Federal Arbitration Act (“FAA”) does not apply to a worker’s labor code enforcement claim that was brought under California’s Private Attorneys General Act (“PAGA”). In CLS Transportation Los Angeles, LLC v. Iskanian, No. 14-341, a worker sought to file a class action lawsuit against his employer over a number of wage and hour claims.
U.S. Supreme Court Refuses to Consider Class Arbitration Appeal
By Beth Graham - May 21, 2014
The Supreme Court of the United States has refused to consider whether an arbitrator, rather than a court, is properly tasked with deciding if an arbitral agreement permits class arbitration.
Four of the Latest Developments in ADR
By Renee Kolar - April 29, 2014
We recently published a series of blog posts discussing some of the latest developments in ADR written by Mr. Bayer's U.S. Commercial Arbitration class at the University of Texas School of Law. Check them out!
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
By Beth Graham - April 21, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.
The Future of Class Arbitration Part III
By Renee Kolar - April 2, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.
The Future of Class Arbitration Part II
By Renee Kolar - April 1, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.
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