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…
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,…
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.
