August 22, 2013
Ninth Circuit Enforces Arbitration Class Waiver
Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable. Concepcion said yes and…
Read More ›As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints. Colleagues at my firm have a similar practice. We…
Read More ›July 19, 2013
Ninth Circuit Follows Concepcion and Allows the FAA to Preempt State Law and Permit Arbitration
That bastion of unpredictable decisions, the Ninth Circuit Court of Appeals, followed a somewhat predictable path and recently held that the Federal Arbitration Act preempted a state law that disfavored…
Read More ›No surprise here. The United States Supreme Court continued on a consistent path and found that a waiver for class actions in an arbitration agreement was enforceable. In American Express…
Read More ›The U.S. Supreme Court’s decision on June 10, 2013 strongly suggests that employers should ensure that their arbitration agreements contain express language that excludes the arbitration of class action claims…
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