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Supreme Court Review: Class Action Waivers, Whistleblower Protections

During the 2017-2018 term, the U.S. Supreme Court issued several rulings that will have far-reaching implications for employers. This month’s column reviews two of those key decisions. The first ... read more

Supreme Court Jumps Into Class Action Waiver Fight

On January 13, 2017, the Supreme Court ... their “mutual aid or protection.” That holding appeared to put the Board on a collision course with Supreme Court precedent under the Federal Arbitration Act ... read more

United States: You'll Have To Say It If You Mean It: Supreme Court Holds That Agreement To Permit "Class Arbitration" Must Be Express And Unambiguous

For those employers, consumer product vendors, and financial service providers that have not yet added class and collective action waivers to their arbitration agreements, this decision provides ... read more

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New York Court Rules that Class-Action Waivers Are Unenforceable

While pundits and practitioners eagerly await the U.S. Supreme Court's looming decision on whether class-action ... such waivers violate the NLRA because they interfere with employees' "right to ... read more


Are class-action waivers in the future of ERISA plans?

Last November, USC officially petitioned the High Court to review a decision from the ... trying to push arbitration to eliminate class-action exposure.” Last year, the Supreme Court ruled that ... read more

Q&A with Justin P. Grose: High court decision validates class-action waivers in arbitration agreements

Q: On Monday, the U.S. Supreme Court ... class-action waivers in the arbitration agreements entered into by the employees should be enforced. Neither the savings clause in the Federal Arbitration Act ... read more

Supreme Court Finds Class Arbitration Waivers Valid Despite Contrary State Law

The arbitration provision at issue in Imburgia, which was governed by the Federal Arbitration Act (FAA), contained an explicit class action waiver but also ... (The California Supreme Court denied ... read more

Supreme Court: A Year In Review

Justice Neil Gorsuch, writing for the Court, determined that an arbitration agreement that includes a waiver of class action claims does not ... a circuit split over who qualifies as a whistleblower ... read more

High Court Won't Review Who OKs Class Arbitration Bids

Law360 (April 15, 2019, 5:19 PM EDT) -- The U.S. Supreme Court on Monday ... The issue of class arbitration and the Eleventh Circuit's opinion are also becoming irrelevant, the consumers argued, ... read more

United States: Supreme Court Year In Review: Union Agency Fees, Travel Restrictions And The Retirement Of Justice Kennedy

The Court declined to review an Eleventh ... do not give way to the NLRA. The Supreme Court concluded that the NLRA's protection of an employee's right to engage in "concerted activities" does not ... read more

Supreme Court Preview: 2017-2018 Term

For more information, see our article, Supreme Court to Review Validity of Class Action Waivers in Employment ... must take in order to be considered a “whistleblower” for the purposes of ... read more

Are Class Actions Returning From The Verge Of Extinction?

Concepcion, involved consumers who brought a class action against their mobile phone provider. Their service contract included a class action waiver and mandated arbitration but California’s consumer ... read more



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