Searching Content indexed under Arbitration & Dispute Resolution by David Kadue ordered by Published Date Descending.
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California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
Employees Who Won't Get On Board With Arbitration—Can Employers Rock The Boat?
Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board.
United States
21 May 2019
Provisions Limiting Relief And Requiring Strict Confidentiality Doom Arbitration Agreement
Constance Ramos, a former partner of the Winston & Strawn law firm, sued Winston under California statutes addressing discrimination, retaliation, wrongful termination, and unfair pay.
United States
15 Nov 2018
Uber Epic: Arbitration Agreement Topples Class Claims
Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court's 2018 decision in Epic Systems Corp. v. Lewis
United States
4 Oct 2018
Is California's Latest Assault On Arbitration Constitutional?
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime.
United States
13 Aug 2018
"Coercive" And "Disturbing" Arbitration Agreement Upheld Over Labor Commissioner's Protest
In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership's mandatory arbitration agreement.
United States
31 Aug 2017
When Is A Civil Penalty Not A Civil Penalty?
Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties.
United States
17 Aug 2017
California Supreme Court Invalidates Contractual Waivers Of Public Injunctive Relief
No California contractual provision, including one in an arbitration agreement, can waive the statutory right to seek injunctive relief to protect the general public. McGill v. Citibank, N.A. (April 6, 2017).
United States
20 Apr 2017
CBAs Must Specifically State Intent To Arbitrate Statutory Rights
Vasserman, instead of filing a grievance, sued in state court for violation of the California Labor Code, including claims for a failure to pay all regular and overtime wages and a failure....
United States
22 Feb 2017
English-Only Arbitration Agreement Deemed Unenforceable
An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses...
United States
16 Sep 2016
Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability
The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of "who decides" whether class arbitration is available—courts or arbitrators—should be answered by interpreting the arbitration agreement under state contract law.
United States
4 Aug 2016
Surprisingly Good News: California Supreme Court Upholds Arbitration Agreement
Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements.
United States
12 Aug 2015
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