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Tag: freedom of contract

May 21, 2018

A victory for freedom of contract

In the federal statute heavyweight championship bout between the 1925 Federal Arbitration Act (FAA) and the New Deal's 1935 National Labor Relations Act (NLRA), the Supreme Court today declared a winner: The Federal Arbitration Act by a knockout! ...

June 16, 2017

Freedom of contract at stake in a Supreme Court trio

In January, the Supreme Court granted certiorari and consolidated three cases to decide whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to reso ...

April 07, 2017

Ex-Bloomingdale’s employee prefers forum shopping

When the California Supreme Court invalidated yet another arbitration contract in yesterday's McGill v. Citibank decision, I explained that a cert petition would almost certainly follow. PLF has supported many, many cert petitions challenging California's anti-arbitration rules because we believe that competent adults have the freedom to contract t ...

January 14, 2017

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are not endangered  Support for hair braiders Alaskan wetland case filings Amicus brief in Drakes Bay ...

January 13, 2017

Cert grant pitting “concerted activities” against freedom of contract

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to resolve ...

September 30, 2016

National Labor Relations Act vs. Federal Arbitration Act

Laaaaaadies and gentlemen! In this corner: the National Labor Relations Act, a national heavyweight born in the New Deal, protecting workers' rights to "concerted activities" for their mutual benefit! And in this corner: the Federal Arbitration Act, a powerful 1925 rebuff to the judiciary's then-hostility to arbitration, protecting the freedom of c ...

August 02, 2016

Pokemon and private property

A flood swamped a quiet Australian suburb recently: a deluge of Pokemon and their intrepid hunters. The neighborhood park had become known as a great spot to play Pokemon Go. Rare Pokemon liked to hang out there–especially at night. The park disintegrated into a trampled morass of humanity–players wandering about, shouting into the ...

March 28, 2016

California Supreme Court upholds arbitration agreement!

Maribel Baltazar worked in a distribution warehouse for clothing retailer Forever 21.  She alleges that she suffered discrimination and harassment on the job, ultimately leading to her quitting.  She sued Forever 21 and certain co-workers, who then moved to compel arbitration pursuant to Baltazar's employment contract, which specifically said tha ...

February 05, 2016

President's weekly report — February 5, 2016

Defending Property Rights in New York In a decision you’d have to read to believe, an appellate court in New York held that a property owner could not eject a trespasser, because what for 150 years had been private property has now been magically transformed into property available for public use.  To the court’s credit, ...

February 02, 2016

The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as "representatives" to assert claims under the Private Attorney General Act (PAGA) are acting as "deputies" on behalf of the state and therefore cannot exercise their freedom to contract for arbitral resolution of employment ...

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