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 decision, Judge Wood determined defendant's reliance on the intervening decision of AT&T Mobility LLC v. Concepcion ("Concepcion") in seeking reconsideration was misplaced.
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 distinguishes the Supreme Court decision of Wal-Mart Stores, Inc. v. Dukes, and also highlights the continued importance of Second Circuit precedent in employment class actions brought under Title VII.
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.