I don’t mean to be imprecise, but I think that the Eleventh Circuit may have recently issued the most luddite opinion I’ve seen in a good long while. See Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 2019 WL 4464301 (11th Cir. Sept. 18, 2019). According to the court, Section 7 of
Section 7
Justice Gorsuch Delivered . . . A Win For Class Arbitration Waivers
By Liz Kramer on
Posted in Class Arbitration, Year In Review
SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an arbitration agreement. In a 5-4 decision authored by Justice Gorsuch, the Court found that class action waivers are…
Out On A Limb, 7th Circuit Creates Circuit Split Over Class Arbitration For Employees
By Liz Kramer on
Posted in Class Arbitration
Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB’s interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers. After all, the 7th Circuit gets affirmed more than other circuit courts by SCOTUS, earning it a reputation for…