In a recent decision, Judge Wood distinguishes Supreme Court precedent to find an arbitration agreement that did not provide for class arbitration invalid under Second Circuit precedent because it foreclosed the exercise of statutory rights. Reaffirming her initial...
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Class Actions
Outten Golden Obtains Favorable Disparate Impact Decision in Easterling v. State of Connecticut Department of Correction
A recent decision involving a Title VII disparate impact claim obtained by Outten & Golden from the District Court of Connecticut is gaining increasing attention from employment lawyers attempting to overcome challenges to class certification. The decision...
What Does D.R. Horton Mean For Class And Collective Action Waivers?
UPDATE - 1/21/2012 - D.R. Horton filed a notice of appeal of the NLRB order in the U.S. Court of Appeals for the Fifth Circuit.The National Labor Relations Board's ("NLRB's") recent January 3 decision in D.R. Horton is a significant ruling that, if affirmed, will have...
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