On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City. The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies. Experienced Jackson
Class Action Waivers
Second Circuit Upholds FLSA Collective Action Waivers
By William J. Anthony on
Posted in Class Action Waivers, Fair Labor Standards Act
The United States Court of Appeals for the Second Circuit issued its much-anticipated decisions in Sutherland v. Ernst & Young and Raniere v. Citigroup Inc. affirming the use of Fair Labor Standards Act (“FLSA”) collective action waivers contained in arbitration agreements.
For an excellent summary of the Second Circuit rulings, visit Jackson Lewis’ Wage and…
U.S. Supreme Court Re-Affirms Class Action Waivers in Arbitration Agreements; Rejects Effective-Vindication Rule
By William J. Anthony & Jackson Lewis P.C. on
Posted in Class Action Waivers
Again applying the Federal Arbitration Act (“FAA”) to uphold agreements requiring parties to arbitrate their disputes rather than litigate them in court, the U.S Supreme Court has held that the FAA prohibits courts from invalidating a contractual waiver of class arbitration because the cost of arbitrating a federal statutory claim individually exceeds the potential recovery,…
Arbitrator’s Interpretation of a Contract Permitting Class Arbitration Does Not Run Afoul of the FAA
By William J. Anthony on
Posted in Class Action Waivers
The U.S. Supreme Court, with Justice Elena Kagan writing for an unanimous Court, ruled that an arbitrator did not exceed his powers under § 10(a)(4) of the Federal Arbitration Act (“FAA”) when he allowed for class arbitration based upon an interpretation of the broad contractual language in an arbitration agreement. Oxford Health Plan LLC v.