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.
Not exact matches
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.»
This agreement contains a mandatory individual arbitration and
class action / jury trial
waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or
class actions.
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.