United States: Relying On Concepcion, The Fourth Circuit Reiterates Broad FAA Preemption And Holds Class Action Waiver In Arbitration Agreement Is Enforceable : Wage & Hour Counsel - Littler Mendelson
Relying on a previous judgment, the U.S. Court of Appeals for the Fourth Circuit held on April 1, 2013 that an arbitration provision in a franchise agreement prohibiting signatories from participating in class and collective actions is lawful in light of the clear federal directive in support of arbitration.
action
agreement
appeals
arbitration
circuit
concepcion
court
faa
judgment
littler mendelson
preemption
provisions
states
united
waiver
Found 1 month ago on channel
Mondaq
Canada: Federal Court Of Appeal Confirms Availability Of Contractual Waiver Of Class Actions In Favour Of Arbitration Absent Contrary Statutory Language - Stikeman Elliott LLP
On February 14, 2013, the Federal Court of Appeal in Murphy v. Amway Canada Corp. affirmed the decision of the court below, staying a proposed class proceeding in light of a contractual arbitration clause and class action waiver.
action
amway
appeal
arbitration
availability
canada
corp
court
decision
elliott llp
federal
murphy
stikeman
waiver
Found 1 month ago on channel
Mondaq
United States: New Jersey’s Appellate Division Upholds NJDEP’s Waiver Rule, Providing Greater Flexibility To NJDEP And The Regulated Community - Blank Rome LLP
On March 21, 2013, the Appellate Division of the New Jersey Superior Court in "In Re N.J.A.C. 7:1B-1.1, et seq." provided the New Jersey Department of Environmental Protection and the regulated community with a major victory.
appellate
blank
community
court
department
division
environmental
flexibility
jersey
llp
njdep
protection
rome
states
superior
united
upholds
waiver
Found 1 month ago on channel
Mondaq
Canada: Supreme Court Of Canada Declines To Deal With Issue Waiver Of Tort Raised In BC Product Liability Case - Gowling Lafleur Henderson LLP
On January 17, 2013, the Supreme Court of Canada denied leave to appeal in the case of Koubi v. Mazda Canada Inc., et al. 2012 BCCA 310 ("Koubi") , a proposed class proceeding relating to defective door lock mechanisms in Mazda3 vehicles.
bcca
canada
court
gowling
henderson
koubi
lafleur
liability
llp
mazda
mechanism
supreme
tort
waiver
Found more than 1 month ago on channel
Mondaq
United States: Eighth Circuit Upholds Collective Action Waiver In Arbitration Agreement - Pierce Atwood LLP
The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employers, who initially (reasonably) assumed that Concepcion paved the way for class action waivers in employment agreements.
action
agreement
arbitration
atwood
circuit
concepcion
court
decision
employment
enforceability
llc
llp
mobility
pierce
states
supreme
united
upholds
waiver
Found more than 1 month ago on channel
Mondaq