Tag Archives: “class arbitration”

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

Photo of John LewisBy John Lewis on Posted in Arbitration
As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in Opalinski v. Robert Half International, Inc.) This is because of the increasing number of class action waivers now … Continue Reading

Sixth Circuit Holds That Duty To Arbitrate Survives Expiration of Employment Contract, Requires Individual Arbitration

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration, FLSA
With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and when employers may rely on such agreements. The latest of these is the case of Huffman … Continue Reading

LexisNexis v. Crockett — Sixth Circuit Performs A Gateway Analysis In Class Arbitration Controversy

Photo of John LewisBy John Lewis on Posted in Uncategorized
A Sixth Circuit panel has ruled that courts rather than arbitrators should determine whether class arbitration is authorized when the arbitration agreement “says nothing about classwide arbitration.”  Citing First Options of Chicago v. Kaplan, 514 U.S. 938, 945 (1995), the Court was clear that an arbitrator can only decide “class arbitrability” “if the parties have … Continue Reading

Massachusetts Supreme Court Enforces Class Action Arbitration Waiver

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in Arbitration
On Second Thought… Court Begrudgingly Reverses Its Own June 2013 Decision On Class Arbitration In Light of SCOTUS’s Amex Decision Eight days prior to the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013) (“AMEX”) (which we blogged here), the Massachusetts Judicial Court held that the Federal Arbitration Act … Continue Reading
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