Tag Archives: mandatory arbitration clause

5th Cir. Hears Class Action Waiver Ban Arguments

On Tuesday, the National Labor Relations Board (“NLRB”) appeared before the Fifth Circuit to defend its ruling in In re D.R. Horton, Inc., 357 NLRB No. 184, 2012, WL 36274 (Jan. 3, 2012), which partly excludes employment agreements from the reach of … Continue reading

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“Arcane” Questions of Arbitrability Resolved by the Courts, Not Arbitrators

There are still arenas where common sense prevails in the changing world of litigation concerned with the enforcement of contractual arbitration provisions. The beginning for all discussions on this subject is the axiom that arbitration “is a matter of contract … Continue reading

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Sens. Introduce The Consumer Mobile Fairness Act To Counter Concepcion

There has been an abundance of coverage regarding the April 27, 2011 decision by the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion, et ux. In a divided opinion, the Supreme Court held that class action waivers in consumer … Continue reading

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