Sentences with phrase «of 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.

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).

Not exact matches

Thrivent Financial for Lutherans became the sixth plaintiff to lob a complaint against the Department of Labor's fiduciary rule when the insurer filed a suit in late September challenging the class - action waiver requirement under the rule's best interest contract exemption, or BICE.

The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

If the waiver of the right to participate in a class action set forth in subparagraphs (b) and (d) above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained in paragraphs (b) and (d) is null and void.

The actions, said board members, are consistent with the many routine waiver approvals traditional public schools have received allowing for increased class sizes since the onset of the state's fiscal crisis.

It is my view that the NLRB is having a bit of an identity crisis, and that sooner or later, the Supreme Court will — in «read our lips» fashion — deliver the message that class action waivers in PDAAs are enforceable under the FAA... and the NLRA.

It is fashionable for class counsel to plead «waiver of tort» as a common issue alleged to be certifiable in product liability class actions.

6/24/2013 - Too Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements

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.

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.

Prior opinions issued by many state courts have found class arbitration waivers unconscionable and have allowed class actions despite the existence of an express agreement in consumer contracts barring them.

But if he's concerned about the small investor, he should (hopefully) be happy about the decision issued yesterday by the Board of Governors of the Financial Industry Regulatory Authority (FINRA) «finding Charles Schwab & Co., Inc. violated FINRA rules when the firm attempted to keep investors from participating in judicial class actions by adding waiver language to customer account agreements.»

And although waiver of tort might not be a stand alone cause of action in this claim, it might prove necessary in extending the claim beyond the statutory causes to all of those in the approved class.

When the federal courts upheld the validity of mandatory arbitration and class action waivers for those claims, it forced many plaintiffs into arbitration, The Times reported.

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.

A recent U.S. Supreme Court decision held that the Federal Arbitration Act allowed for a waiver of class action claims.

The Terms of Use and your use of the Marvel Unlimited Service (including the App and the Website) shall be governed by the terms set forth in the Binding Arbitration and Class Action Waiver, Choice of Forum, and Choice of Law sections of the Marvel Terms of Use.

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.

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.