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Archive by tag: Carlton FieldsReturn

Considerations for Use of Arbitration Agreements to Curtail Class Claims

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....By: Carlton Fields
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Carlton Fields | Jul 23,2019 |

Fifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound Employees

The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first impression among the courts of appeal could serve as a...By: Carlton Fields
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Carlton Fields | Jul 22,2019 |

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be Granted”

The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual Agreement to Arbitrate (MAA)....By: Carlton Fields
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Carlton Fields | Jul 10,2019 |

Equal Pay and Class Action Implications

After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the trophy presentation to...By: Carlton Fields
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Carlton Fields | Jul 10,2019 |

Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA

Estella Trammell was an at-will employee of AccentCare. She challenged the district court’s order requiring her to arbitrate a pay dispute with AccentCare. The district court held that there was an enforceable arbitration agreement under the mailbox...By: Carlton Fields
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Carlton Fields | Jul 09,2019 |

[Video] LAN Party Lawyers: Not All Fun and Games: Employment Issues in the Esports and Gaming Industry

Employment-related issues abound in esports and the video game industry. Join Steve and Nick as they discuss some of the most pressing issues facing the industry - from the problem of "crunch," to esport player contracts. They are joined by...By: Carlton Fields
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Carlton Fields | Jul 01,2019 |

Alabama District Court Enforces Arbitration Clause Related to Disability Policy Over Unconscionability Claim

The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to her disability claim....By: Carlton Fields
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Carlton Fields | Jun 27,2019 |

Fifth Circuit Affirms Ruling That Policy’s Conformity Provision Does Not Negate the Agreement to Arbitrate Despite Statute Prohibiting Arbitration Agreements in Insurance Contracts Covering Property in Louisiana

McDonnel Group LLC obtained a builder’s risk policy for a construction project on a property located in New Orleans, Louisiana. When the insured was denied coverage, it filed suit seeking damages for breach of contract and breach of the duty of good...By: Carlton Fields
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Carlton Fields | May 31,2019 |
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