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SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced

On May 22, 2018 by Schnader in Finance

By Stephen A. Fogdall In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation procedures must be enforced under the Federal Arbitration Act.  The Court rejected the position taken by […]

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California Supreme Court Submits to Federal Preemption, Holds Class Action Waivers Enforceable in Employment Cases – But Not in PAGA Claims

On June 24, 2014 by Schnader in Labor and Employment

By Scott J. Wenner We have written previously of the back and forth between the United States Supreme Court and the California Supreme Court on questions relating to mandatory binding arbitration and class action waivers in the workplace (see here). While the U.S. Supreme Court has construed the Federal Arbitration Act’s […]

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Ninth Circuit Applies Limited Exception to Supreme Court’s Holding in Italian Colors to Affirm Denial of a Motion to Compel Arbitration

On November 25, 2013 by Schnader in Finance

By Christopher Reese The Ninth Circuit recently affirmed the denial of a motion to compel arbitration based on a limited exception to the United States Supreme Court’s holding in American Express v. Italian Colors Restaurant.  The Ninth Circuit determined that California’s rules for deciding whether a contract is unconscionable were not […]

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CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable

On November 4, 2013 by Schnader in Labor and Employment

By Scott J. Wenner California courts, from its Supreme Court on down, have been hostile to efforts to deny employees and consumers access to the judicial process  through devices such as mandatory binding arbitration and class action waivers.  At the same time, the U.S. Supreme Court has expansively read federal law, […]

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