Let’s Give Thanks: Administrative Law Judge Rules NLRB’s D.R. Horton Decision Banning Class Action Waivers is Unsustainable

On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7 of the NLRA.

How Will the Supreme Court’s Decision in American Express Company V. Italian Colors Restaurant Impact Class Action Litigation?

By | Business Litigation Alert | October 16, 2013

In American Express Company v. Italian Colors Restaurant, the Supreme Court recently furthered its holding in AT&T Mobility LLC v. Concepcion by making it clear that the Federal Arbitration Act (“FAA”) does not permit courts to invalidate contractual waivers of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery.

Bespoke Tailoring or Off-the-Rack Misfits for Arbitration Systems?

By | The Labor Dish | October 14, 2013
Bespoke Tailoring or Off-the-Rack Misfits for Arbitration Systems?

Much has been written following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. ____, 131 S. Ct. 1740 (2011); Oxford Health Plans, LLC v. Sutter, 569 U.S. ____, 133 S. Ct. 2064 (2013); and American Express Co. v. Italian Colors Restaurant, 570 U. S. ____, 133 S. Ct. 2304 (2013).

Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers is No Longer Good Law

Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers is No Longer Good Law

After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine. 

The Undeniable Fact of a Pro-Big-Business Supreme Court

Three years ago, Professor Richard Epstein of the University of Chicago was peddling falsehoods and misconceptions about malpractice law that wouldn’t pass a 1L Torts class. Via Walter Olson, I see he’s back with a piece titled, “The Myth of a Pro-Business SCOTUS,” claiming “Commentators inaccurately condemn the five conservative justices as corporate shills.”

Be Clear: Include Class Arbitration Waivers in Arbitration Clauses

Be Clear:  Include Class Arbitration Waivers in Arbitration Clauses

The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions. These decisions are important for employers because they may offer employers a way control expenses related to dispute resolution with employees.