Archives: Antitrust

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme Court cases. While a string of Supreme Court cases over the past decade gave employers some respite, the Ninth Circuit has … Continue Reading

Ninth Circuit Holds That District Court Must Weigh Evidence to Determine Rule 23(b) Predominance

By Greg Mersol on May 4, 2021 Posted in Antitrust

While statistical evidence has long been held to be probative on the issue of potential discrimination, it can also be tricky. Questions often abound regarding the collection of data used for statistical comparisons, the methodology used and the treatment of results. A recent decision from the Ninth Circuit holds that a district court cannot ignore … Continue Reading

Tenth Circuit Refers Au Pairs’ Class Claims to Arbitration

By Greg Mersol on November 5, 2018 Posted in Antitrust, Arbitration, Arbitration Agreements

“Well, They Gave Me the Agreement in My Own Language, but I Still Didn’t Understand the English Version” doesn’t work. The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of litigation, some opinions can be explained only by the “judicial hostility” to arbitration that caused the … Continue Reading

Detroit District Court Certifies Antitrust Class of Registered Nurse

By Greg Mersol on September 23, 2013 Posted in Antitrust, Wage and Hour

What is the right compensation for a particular job? That’s the question virtually every employer must face. Pay too little, and the employer may not be able to fill a position or must settle for less than the best candidates. Pay too much, and the employer loses money and may create other problems, including the … Continue Reading

That’s A Spicy Meatball!

By Todd Dawson on July 1, 2013 Posted in Antitrust

What Does The Supreme Court’s Decision In Italian Colors Mean For The NLRB’s D.R. Horton Decision? As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. … Continue Reading