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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.        

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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.        

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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.        

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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.

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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.

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