U.S. Supreme Court,
Labor/Employment
Aug. 13, 2018
High court’s OK of class action waivers spurs new plaintiff tactics
Attorneys expected it to drive an increase in Private Attorneys General Act lawsuits, which circumvent arbitration clauses. Now, attorneys say those effects are manifest.
Less than three months after the U.S. Supreme Court upheld class action waivers, the decision is affecting ongoing and new litigation, attorneys say, and may drive creative new plaintiff tactics.
On May 21, the high court decided 5-4 in Epic Systems Corp. v. Lewis that class action waivers used to compel individuals into arbitration were enforceable under the Federal Arbitration Act. Previously, plaintiffs argued such waive...
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