Topic
Class Action Waivers
595 published works
Ogletree Deakins Insights
Will New York Ban Class Action Waivers? Lawmakers Pass Bill, Governor’s Approval Unclear
By By: Aaron Warshaw, Christopher C. Murray, Publisher, Zachary V. Zagger
Quick Hits New York State lawmakers have passed a bill that would ban the enforcement of class action waivers in some circumstances and other waivers of workers’ rights under the…
Consumer Finance Monitor
New Study Suggests Investors Place Significant Value on Arbitration Clauses and Class-Action Waivers
For years, the debate over mandatory arbitration clauses and class-action waivers in consumer financial services contracts has largely focused on questions of consumer protection, access to justice, the validity of…
Class Action Defense Blog
VIDEO – DMCAR Trend #5: Exceptions Continued To Erode The Rule In The Arbitration Space
By Gerald L. Maatman, Jr. and Jennifer A. Riley Duane Morris Takeaway: Arbitration agreements with class action waivers provide the foundation for one of the most potent defenses to class…
ContractsProf Blog
Big Mass Arbitration Decision from the Ninth Circuit
Skot Hellman and others (Plaintiffs) bought tickets to concerts promoted by Live Nation Entertainment, Inc. and Ticketmaster LLC (collectively Defendants). When they did so, they were provided with terms, which…
Labor & Employment Law Blog
Plaintiffs, Not Defendants, Must Initiate Arbitration
By Gal Gressel
Arzate v. Ace American Insurance Company, --- Cal. Rptr. 3d --- (2025) began as a familiar case: plaintiffs signed arbitration agreements (“Agreement”) with their employer that contained a class action…
Vedder Works
Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement
By James P. Looby, Michael D. Considine
On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective…
Consumer Financial Services Law Monitor
Fourth Circuit Holds SCRA Does Not Bar Mandatory Arbitration in Consumer Agreements, Forcing Portion of Class Action Into Arbitration
By John C. Lynch, Jason E. Manning, Ethan G. Ostroff, Mary C. Zinsner, Carter Nichols
On January 27, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion holding that the Servicemembers Civil Relief Act (SCRA) does not…
ContractsProf Blog
AmEx Tries to Pull a Samsung to Avoid Mass Arbitration, but It Ain’t Got the Rizz
We have been following moves in mass arbitration for a few years. Nearly fifteen years ago now, SCOTUS told merchants that the Federal Arbitration Act (FAA) pre-empted state laws banning…
Consumer Finance Monitor
New Jersey Supreme Court Enforces Stand-Alone Class Action Waiver
Earlier this year, the New Jersey Supreme Court held in Pace v. Hamilton Cove that class action waivers in consumer contracts that do not contain an arbitration clause (i.e., a…
ContractsProf Blog
New Jersey Permits Class Action Waivers Without Arbitration Clause
William Pace of Robert Walters (Plaintiffs) entered into lease agreements with the Hamilton Cove Apartments (Hamilton Cove) in Weehawken, New Jersey, which boasted “elevated, 24/7 security.” Such security was no…