Sentences with phrase «class action waiver clauses»

In addition, the court also denied plaintiffs» motion to invalidate mandatory arbitration and class action waiver clauses contained in independent contractor agreements executed by class members.

In an effort to avoid the flood of consumer and employee class actions in the United States, businesses have increasingly turned to arbitration and class action waiver clauses in their standard form contracts.

If any clause within this Agreement to Arbitrate (other than the Class Action Waiver clause above) is found to be unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.

The term «Dispute» means any dispute, claim, or controversy between you and TopResume regarding any aspect of your relationship with TopResume, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below).

If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.

Not exact matches

Finally, the court held unenforceable a clause in the sales contract that provided if the class action waiver was unenforceable, the entire arbitration clause would be unenforceable.

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

A fierce opponent of forced consumer arbitration clauses and class action waivers, Ian has used innovative legal arguments to preserve his clients» day in court.

First, that the CFPB moves ahead with a rule banning forced arbitration clauses and class action waivers.

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

Consumer protection legislation in many provinces forbids mandatory arbitration clauses or class action waivers in consumer contracts.