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arbitration

Uber Drivers Learn that Sometimes the Perfect is the Enemy of the Good

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Courts have an important responsibility to approve class action settlements and ensure that the plaintiffs and their attorneys are not selling out the class by colluding with the defendants. Sometimes, though, in their zealous protection of the absent class members, courts wind up forgetting the old aphorism attributed to Confucius: “Better a diamond with a …

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D.R. Horton Rising: The Ninth Circuit Sides with the Seventh Circuit and the National Labor Relations Board on Class Action Waivers, in Morris v. Ernst & Young, LLP

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Yesterday, the Ninth Circuit took sides in a major split within the U.S. Courts of Appeals over the enforceability of class arbitration waivers. In Morris v. Ernst & Young, LLP, No. 13-16599, Slip. Op. (9th Cir. Aug. 22, 2016), the Ninth Circuit held that employers violate Sections 7 and 8 of the National Labor Relations Act (“NLRA”) by …

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Save the Seventh

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The Seventh Amendment to the United States Constitution states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved …” Even though we are all granted the right to a trial by jury in the U.S. Constitution, Big Banks and corporations regularly …

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CFPB Hearing: Data on One Side, Empty Rhetoric on the Other

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 In today’s era of Big Data, analytics, and sabermetrics, the cheeky motto “in God we  trust, all others must bring data” has never seemed more relevant. Well, in the arena of  mandatory arbitration provisions in consumer contracts the data is in, and the verdict is  clear: mandatory arbitration is unfair to consumers and harmful to …

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WORST SUPREME COURT ARBITRATION DECISION EVER

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So, today, in American Express v. Italian Colors, the U.S. Supreme Court said that a take-it-or-leave-it arbitration clause could be used to prevent small businesses from actually pursuing their claims for abuse of monopoly power under the antitrust laws. Essentially, the Court said today that their favorite statute in the entire code is the Federal Arbitration …

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Employers: Be Careful What You Wish For – Your Motion to Compel Arbitration Can Lead to Expensive, Class-Wide Arbitration

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In the wake of ATT Mobility v. Concepcion and Stolt-Nielsen v. AnimalFeeds,* many employers have sought to enact new arbitration agreements or to enforce arbitration provisions in older agreements to eliminate their employees’ ability to come together when seeking to vindicate their rights to enforce statutory protections for workers. Employers should be careful what they wish for, in …

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Caught In a Fixed Game: The Struggle for Consumer and Employee Rights in the Forced Arbitration Process

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Recently, forced arbitration clauses have spread into a wide variety of contracts that regular citizens ordinarily enter into. These include both consumer contracts, such as those for cellular phone service plans, and employment contracts signed at the start of a new job. Obstacles to fair and impartial dispute resolution are manifold in this coerced dispute …

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UNITEHERE! Reaches Tentative Deals with Hilton Hotels

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After many months of bargaining, UNITEHERE! and Hilton Worldwide have reached tentative agreements at hotels in three major markets—Chicago, San Francisco and Honolulu. The tentative agreements cover nearly 4,000 workers. While terms of the settlements vary in each city, the contracts include wage increases, improved job stability language and reduced workloads for housekeeping staff and …

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Will the Supreme Court Issue a Wildly Activist Decision in AT&T Mobility v. Concepcion?

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The consumer and civil rights communities are closely watching AT&T Mobility v. Concepcion, a case that will be argued in the Supreme Court this November.  Depending on how broadly the Court reads the question presented in Concepcion, the case could decide the fate of consumer and employee class actions for years to come. The Corporate …

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Forced Arbitration and the Kagan Hearings

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The forced arbitration of claims arising out of statutory protections for consumers and employees has become a hot topic at the Kagan hearings. The parade of comments by Senators started even before the hearings began, with a written statement by Senator Leahy criticizing the Supreme Court’s 5-4 decision in Rent-a-Center v. Jackson, and similar remarks on the …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.

  • “New York, NY”