Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (June 21, 2010)

LexisNexisOverview: Former employee's claim that an arbitration agreement was unconscionable did not specifically challenge a provision that delegated to the arbitrator the authority to decide whether the agreement was enforceable; the delegation provision therefore was treated as valid under...

Supreme Court Issues Another Strong Decision Upholding Class Waivers in Arbitration Agreements

Today the United States Supreme Court issued its opinion in American Express Co. v. Italian Colors Restaurant [ an enhanced version of this opinion is available to lexis.com subscribers ], holding that courts may not invalidate a contractual waiver of class arbitration simply because the plaintiff's...

Professor Sharon Reece on Oxford Health Plans v. Sutter

Excerpt: In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration survived judicial review because the arbitrator...

Court Rejects NLRB’s D.H. Horton Decision Invalidating Limits on Class Arbitration

The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB , No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class or collective actions in arbitration was a violation...