Articles

In D.R. Horton v. Cuda, Michael Cuda filed a labor claim against his employer, homebuilder D.R. Horton, purporting to act as a representative for a class.  D.R. Horton required all employees to sign a mutual arbitration agreement, however, that precluded class claims in any arbitral or judicial forum.  The National Labor Relations Board, decided th ...

Despite the Supreme Court's pronouncement that "contract is a matter of consent, not coercion," and accordingly, contracts must be enforced according to their terms, many courts across the country still show an unwillingness to enforce contracts that contain class action waivers or arbitration provisions.  One of the biggest assaults on the freedom ...