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Cruz v. Cingular Wireless, LLC, 2011 U.S. App. LEXIS 16811 (August 11, 2011)

LexisNexis Overview: Florida public policy that would invalidate waivers of class actions in cell phone customers' contracts was an obstacle to the Federal Arbitration Act's objective of enforcing arbitration agreements according to their terms, and was preempted; compelling individual arbitration...

Cruz v. Cingular Wireless, LLC, 2011 U.S. App. LEXIS 16811 (August 11, 2011)

LexisNexis Overview: Florida public policy that would invalidate waivers of class actions in cell phone customers' contracts was an obstacle to the Federal Arbitration Act's objective of enforcing arbitration agreements according to their terms, and was preempted; compelling individual arbitration...

Ballard Spahr LLP: 2nd Circuit Says Online Agreement Did Not Bind Plaintiffs To Subsequent Arbitration Provision

By Alan S. Kaplinsky and Mark J. Levin Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there must be an enforceable "agreement" to...

Up Next: Arbitration Clauses with Class Action Waivers in Corporate Charters?

In the latest in a series of decisions in which it has upheld the enforceability of arbitration agreements, the U.S. Supreme Court ruled on June 20, 2013 that an arbitration agreement with a class action waiver is enforceable even it meant that an individual's cost of pursuing a claim exceeded the...

Ballard Spahr LLP: 11th Circuit Agrees Employees Can Waive FLSA Collective Action Rights

By Steven W. Suflas, Donna D. Page, and Mark J. Levin The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration agreement that waives an...

SCOTUS Denies Petition For Cert in Iskanian

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that an express class action waiver in an employment...

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme Court’s decision in Iskanian v. CLS Transportation...

Ninth Circuit Upholds California Rule on Unenforceability of PAGA Representative Action Waivers

On September 28, the Ninth Circuit issued a surprising decision (disagreeing with the view of many California district courts), holding that the California Supreme Court’s Iskanian v CLS Transportation decision is not preempted by the Federal Arbitration Act (FAA). In Iskanian , the California...

Court Invalidates Class Action Waiver Where Arbitration Agreement Not Governed by FAA

Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking, "Wait, I thought the California Supreme Court...