It is relatively rare when a Circuit Court issues an opinion on the preference defenses under section 547(c) of the Bankruptcy Code.
On May 26, the Seventh Circuit Court of Appeals issued its decision in Lewis v. Epic Systems Corporation, another case evaluating the NLRB’s position that class-waiver provisions in arbitration agreements violate the National Labor Relations Act.
Federal Appellate Court Declares “Language of the Policy is King” in Affirming Application of Contract Exclusion
The United States Court of Appeals for the Seventh Circuit has affirmed a trial court’s ruling that, under Illinois law, a contract exclusion applied to preclude coverage for a claim stemming from an insured’s failure to pay its contractor because all of the claimant’s causes of action arose from its contract contract with the insured.
Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq.
Many of our readers are no strangers to the ongoing legal battle over the enforcement of arbitration agreements containing class action waivers.
Class actions, and Rule 23 of the Federal Rules of Civil Procedure, have long been rife with controversy.
Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold That Class/Collective Action Waivers in Arbitration Agreements Violate the NLRA
The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with employees’ rights to engage in concerted activity in violation of the National Labor Relations Act.
Seventh Circuit Finds That Pharmacy Discount Programs Are Not Exempt from the Definition of “Usual and Customary”
Created in 2006, Medicare Part D is a government program that subsidizes the cost of prescription drugs to Medicare beneficiaries.