arbitration agreements

Second Circuit Seal.jpgCo-authored by Robert S. Whitman, Patrick Bannon and Carlos Lopez

As we reported yesterday, in the recent oral argument in Raniere v. CitiGroup, Inc., the Second Circuit seemed skeptical of an argument that has been picking up steam among FLSA plaintiffs trying to block enforcement of agreements to arbitrate on an individual basis.  The plaintiffs argument has


Continue Reading SECOND CIRCUIT ENFORCES AGREEMENT TO INDIVIDUAL ARBITRATION AND REJECTS “CLASS ACTION AS SUBSTANTIVE RIGHT” THEORY

Second Circuit Seal.jpgAuthored by Robert S. Whitman

The Second Circuit heard oral argument yesterday morning in two important cases affecting the validity of class-action waivers in arbitration agreements, and based on the tenor of the questioning, the judges will take a skeptical look at the district judges’ decisions, both of which refused to enforce waivers in FLSA cases.

The two cases – unrelated


Continue Reading Class Action Waivers Under the Microscope at the Second Circuit

SDNY.jpgAuthored by Patrick Bannon

Can an arbitration agreement preclude an FLSA collective action?  To the chagrin of many plaintiffs’ lawyers — and the National Labor Relations Board — a growing consensus says, “Yes.”  Last week, a President Obama-appointed federal judge in New York joined the chorus in Ryan v. JPMorgan Chase & Co., et al.

Tiffany Ryan, a former


Continue Reading Beating a Dead (D.R.) Horton?

Supreme Court Seal.jpgCo-authored by Richard Alfred and Patrick Bannon

Last week, Oxford Health Plans filed its opening brief with the Supreme Court in Oxford Health Plans LLC v. Sutter.  As we noted in an earlier post, even though Sutter is not an employment case, the Supreme Court’s decision will have an important effect on whether employers that have entered into


Continue Reading Oxford HealthPlans v. Sutter Update: Oxford Health Files Its Brief With The Supreme Court

CA FL.bmpAuthored by Rob Whitman

Two courts on opposite sides of the country have upheld class action waivers in arbitration agreements in wage-hour suits, following the Supreme Court’s holding in AT&T Mobility v. Concepcion and rejecting the reasoning of the NLRB in D.R. Horton.

In San Diego, Judge Michael Anello held in Coleman v. Jenny Craig, Inc. that an arbitration


Continue Reading Coast to Coast: Courts in Florida and California Uphold Class Action Waivers