Employers and Employees Look Ahead to Potential Impact of SCOTUS Rulings on...
Carlton Fields Shareholder Julianna Thomas McCabe was quoted by CNBC in an article about whether the U.S. Supreme Court will make it harder for workers to take their employers to court. A fair...
View ArticleLights Out on Classwide Arbitration: The Supreme Court Rules in Lamps Plus...
Recently, the Supreme Court extended its prior rulings looking skeptically at the idea of classwide arbitration, holding that even when an agreement is “ambiguous” about the availability of classwide...
View ArticleOpt-Out Arbitration Program Binds Employees in Wage and Hour Class Action
A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state...
View ArticleFifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound...
The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first...
View ArticleAuthority Over Efficiency: District Court Lacks Authority To Rule On...
As a recent Ninth Circuit decision demonstrates, although substantial time, effort, and briefing may be spent litigating issues in a removed federal putative class action, parties should be prepared...
View ArticleEleventh Circuit Judge Suggests Substantive Canon of Interpretation Favoring...
This blog has occasionally advised corporate counsel to review their company’s arbitration agreements for scope and clarity. This is another such warning. Simply put, buttoned-up contracts containing...
View Article$91M in AAA Filing Fees? Another Lesson in Being Intentional in Drafting...
We have blogged in the past about the importance of companies being intentional in drafting their arbitration agreements. It is important to think through such issues as: Should we include a class...
View ArticlePAGA Claims Sent Down the River: Supreme Court Gives California Employers...
Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s...
View ArticleEleventh Circuit Affirms Class Certification and Settlement in “Factually...
Twelve years after it started, the saga of RBC Bank’s alleged improper assessment and collection of overdraft fees appears to have come to an end. In affirming the district court’s certification of the...
View ArticleDelivery in 30 Minutes or Less: Supreme Court Punts on Who Qualifies Under...
In Domino’s Pizza LLC v. Carmona, Domino’s petitioned the U.S. Supreme Court to clarify whether drivers making only in-state deliveries of goods, ordered by in-state customers from an in-state...
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