Proskauer on Class and Collective Actions

Category Archives: Arbitration

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Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code.  As a condition of employment, Chavarria signed an arbitration agreement containing a class action waiver.  … Continue Reading

Oxford Health Plans v. Sutter

Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision.  In Oxford Health Plans v. Sutter, ___ U.S. ____, No. 12-135 (June 10, 2013),  the Court unanimously upheld an arbitrator’s ruling that a pediatrician could proceed with a class action … Continue Reading
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