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Another High Court Case Could Prompt More Class Action Waivers

Nov. 2, 2018, 6:36 PM

The U.S. Supreme Court could allow classwide arbitration when a worker’s arbitration agreement doesn’t address class claims. If the justices rule against the company, employers would still be able to draft around that ruling by adding a clearly stated class action waiver, several employment lawyers told Bloomberg Law.

The high court heard oral argument earlier this week in Lamps Plus Inc.’s challenge to an appeals court’s decision allowing class arbitration of data breach claims against the company. The U.S. Court of Appeals for the Ninth Circuit interpreted the arbitration agreement, which it said was ambiguous about pursuing class claims, in...

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