Labor Days
Ninth Circuit Invalidates Class Waiver in Arbitration Agreement
In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver…
Sandquist v. Lebo Automotive, Inc.: California's Cautionary Tale About the Importance of Drafting Arbitration Agreements with Precision
Ambiguities in employee arbitration agreements may force employers to litigate putative class action claims in arbitration. The California Supreme Court delivered this cautionary message by its recent holding in…
Lessons to be Learned from Uber’s “Wrong Turn” with a Private Investigation
In today’s era of social media and the internet, many of us have an insatiable desire for information and a knee jerk reaction when attacked: What dirt can we find out about our adversary? This often happens in…
Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”
Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and…
Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions
In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that…