U.S. Court of Appeals for the 9th Circuit
Sep. 2, 2016
9th joins 7th in striking class action waiver
A decision last month is leading some to wonder whether we're witnessing an emerging judicial reluctance to enforce class action waivers in arbitration agreements. By Zareh A. Jaltorossian and Jeffrey P. Fuchsman
In a decision leading some to wonder whether we're witnessing an emerging judicial reluctance to enforce class action waivers in arbitration agreements, last month a divided 9th U.S. Circuit Court of Appeals panel struck down an Ernst & Young arbitration agreement on the ground that the class action waiver in the agreement violated the National Labor Relations Act (NLRA), the federal law that pro...
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