Search for: "CLASS COUNSEL AND PARTY TO ARBITRATION"
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26 Jun 2014, 7:00 am
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
1 Jul 2014, 6:00 am
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
26 Jun 2014, 6:59 am
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
26 Jun 2014, 6:51 am
Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. [read post]
1 Feb 2012, 6:50 am
The employee, John Carey, however, did enter into an FLSA class action. 24 Hour Fitness sought to stay the class action and force arbitration. [read post]
16 Sep 2010, 2:58 am
Accordingly, the South Carolina Supreme Court determination in Herron that the parties did not intend to allow class arbitration might follow from the silence in that particular arbitration agreement-- and might not need to rely upon counsel's statement at oral argument as the basis for that determination. [read post]
10 Nov 2014, 10:13 am
It appears that, absent a further Supreme Court decision on the issue, the NLRB General Counsel likely will continue to issue complaints against employers who require employees to sign arbitration agreements that include a waiver of joint, class and collective actions. [read post]
10 Nov 2014, 10:13 am
It appears that, absent a further Supreme Court decision on the issue, the NLRB General Counsel likely will continue to issue complaints against employers who require employees to sign arbitration agreements that include a waiver of joint, class and collective actions. [read post]
4 Apr 2012, 5:22 pm
But whether or not you can split this hair, counsel drafting arbitration provisions must acknowledge Sutter's practical effect, and act accordingly. [read post]
13 Mar 2015, 12:04 pm
Int'l, 85 S.W.3d 171, 174-75 (Tex. 2002) (per curiam) (defendants did not waive arbitration by supporting plaintiffs' inclusion in a federal class action whose members were not subject to arbitration, and moving, inter alia, to dismiss in that action); In re Bruce Terminix Co., 988 S.W.2d 702, 704 (Tex. 1998) (per curiam) (defendant did not waive arbitration by its delay and discovery requests, when the responses were insufficient to show prejudice); EZ… [read post]
25 Mar 2013, 11:19 am
Animal Feeds International Corp., a party could not be forced to arbitrate a class claim unless it had agreed to do so, and accordingly, plaintiff had to arbitrate her claims as an individual claim if at all. [read post]
25 May 2011, 6:30 am
As Stolt-Nielsen indicated just last term, class arbitration requires all parties to have consented to the procedure (i.e., in cases where “the parties agreed to authorize class arbitration,” Stolt-Nielsen, 130 S.Ct. at 1776), although that consent may be demonstrated implicitly. [read post]
12 Jul 2013, 4:37 am
The parties agreed that the arbitrator would decide whether this broad contractual language would be inclusive of class arbitrations. [read post]
5 Mar 2013, 6:16 am
Stolt-Nielsen held that imposing class arbitration on parties that had not agreed to it conflicts with the FAA. [read post]
15 Jun 2022, 2:18 pm
” It then recognized something that defense counsel have been arguing for years: “The effect of Iskanian’s rule mandating this mechanism is to coerce parties into withholding PAGA claims from arbitration. [read post]
5 Jan 2018, 8:00 am
Having decided a different matter with the same expert, and having been colleagues with counsel for one party 15 years before are two examples of what is not enough.Are There Exceptions To The Three Month Window For Vacating Awards? [read post]
16 Mar 2008, 7:38 am
Defense attorneys moved to compel arbitration, but the court opinion is silent on the arbitration clause purported to bar class actions or whether the defense sought to enforce a class action arbitration waiver. [read post]
16 Apr 2012, 2:14 am
Except as provided in the preceding sentence, each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. * * * (b) Waiver of Jury and Class Action. [read post]
27 May 2020, 6:00 am
In short, the FAA gives parties to a contract containing an arbitration clause the absolute right to a stay of a law suit pending arbitration. [read post]
22 Dec 2022, 5:04 pm
The parties eventually agreed on a payment of $14 million to settle the class claims, pending court approval. [read post]
