Tag Archives: Stolt-Nielsen

In Re American Express Merchants’ Litigation

By John Lewis on February 6, 2012 Posted in Uncategorized

The Third Time is Not a Charm as the Second Circuit Again Holds Class Action Waivers Unenforceable The Second Circuit considered the validity of class action waivers for the third time in an antitrust action brought against American Express (“AMEX”) based upon the company’s Card Acceptance Agreement. And, despite intervening Supreme Court opinions, for the … Continue Reading

NLRB Holds Class Action Waivers Violate the National Labor Relations Act

By John Lewis on January 9, 2012 Posted in Arbitration, FLSA

In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.” The … Continue Reading