An employer could not enforce a mandatory arbitration provision included in its handbook to block a lawsuit by an employee who claimed she suffered retaliation after requesting maternity leave under the Family and Medical Leave Act, a U.S. District Court judge has decided.
Published: June 27, 2013
Tags: antitrust, AT&T Mobility v. Concepcion, common law, consumer protection, effective vindication, Federal Arbitration Act, mandatory arbitration, U.S. Supreme Court
WASHINGTON – The chasm between civil defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court last week.
WASHINGTON — Plaintiffs cannot avoid a contractual waiver of class arbitration on the ground that the cost of individually arbitrating their claims exceeds their potential recovery, the U.S. Supreme Court has held in a divided ruling.
WASHINGTON – Ever since the U.S. Supreme Court cast a critical eye on classwide arbitration proceedings, holding in 2010 that the Federal Arbitration Act only authorizes class arbitration in cases in which the parties consented to it, lawyers and their clients were left with a crucial question: What constitutes consent?
It’s a question that split the circuits, but an answer seemed imminent when the justices took up and heard arguments in Oxford Health Plans LLC v. Sutter, which considered whether class arbitration is allowed under the Act when a contract is silent on its availability.
Some lawyers referred to the case as the “‘Son of Stolt-Nielsen,” referring to the court’s 2010 decision in Stolt-Nielsen v. AnimalFeeds International Corp., which established the consent requirement.
But the decision in Sutter turned out to be more of a stepchild.
WASHINGTON — In a ruling that boosts the authority of arbitrators to interpret crucial contract provisions, the U.S. Supreme Court upheld an arbitrator’s decision to allow a plaintiff to bring a class-wide arbitration proceeding when the parties did not expressly agree to allow classwide relief.
A ban on mandatory arbitration clauses in some mortgage loans took effect June 1 as part of new rules created by the Consumer Financial Protection Bureau.
WASHINGTON – For the third time in just four years, the conflict between the desire of plaintiffs to pursue civil claims in a class action format and defendants’ wish to avoid class action litigation through the use of binding arbitration agreements has landed before the U.S. Supreme Court.
WASHINGTON – In the latest in a series of cases considering the enforceability of mandatory arbitration clauses that bar class proceedings, the U.S. Supreme Court is considering whether federal common law prohibits such agreements in some circumstances.
A mandatory arbitration policy prohibiting class proceedings in the employee handbook of the nationwide fitness chain 24 Hour Fitness violated workers’ federally protected rights to take concerted action, a National Labor Relations Board Administrative Law Judge has ruled.
The U.S. Supreme Court has agreed to decide whether courts have the authority under the Federal Arbitration Act to invalidate an agreement that bars class arbitration of a federal law claim based on “federal substantive law of arbitrability.”