Share on LinkedInShare on LinkedIn

ARTICLE · 23 FEBRUARY 2018

The Viability Of "Class Arbitration"

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Contributor
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private...

View firm profile
Explore more from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

As reported by our sister blog, ADR: Advice from the Trenches, a federal district court in New York held that an arbitrator could not certify a "class" that included non-appearing members.

United StatesLitigation, Mediation & Arbitration
Natalie Young
Natalie Young
Author LinkedIn connections

As reported by our sister blog,  ADR: Advice from the Trenches, a federal district court in New York held that an arbitrator could not certify a "class" that included non-appearing members. While neither the U.S. Supreme Court nor various Courts of Appeal have grappled with the viability of a class arbitration award, courts in the Second Circuit are taking the lead in addressing such issues.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Read more about

Related Comparative Guides

See more popular content from

Article

North Carolina Superior Court Denies Class Certification In Hospital Monopoly Case

A North Carolina Superior Court denied class certification in an antitrust case involving indirect purchasers who alleged a hospital network's anticompetitive conduct inflated their health insurance premiums. The court found plaintiffs failed to demonstrate class-wide impact through common proof, particularly rejecting their expert's pass-through theory as insufficiently rigorous and excluding key portions of the expert report.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

It’s An Arbitration Agreement After All: Disney Compels Arbitration And Dismisses Class Claims In Antitrust Suit

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

If We Ignore It, Will It Go Away? – A Cautionary Tale Of Timeliness

Under Washington State law, failing to act in a timely manner at any stage of a lawsuit, from pre-suit initiation through active litigation to post-judgment proceedings, can carry severe procedural and substantive consequences. These consequences range from the absolute bar of a claim or defense to monetary sanctions, evidentiary exclusions, dismissal of the action, and the loss of the right to appeal or collect on a judgment.
United StatesLitigation, Mediation & Arbitration
Beresford Booth
Beresford Booth
Podcast

The Class Action Weekly Wire – Episode 164: Washington Appellate Court Affirms Rejection Of Motion To Compel Arbitration In Wage & Hour Class Action (Podcast)

The Washington Court of Appeals affirmed a trial court's denial of an employer's motion to compel arbitration in a wage and hour class action, finding the arbitration agreement procedurally unconscionable. The ruling examines how employers present arbitration agreements to employees and whether workers receive meaningful opportunity to understand terms before signing, with significant implications for class action litigation strategy.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough To Defeat Arbitration

A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.
United StatesLitigation, Mediation & Arbitration
Greenberg Traurig
Greenberg Traurig
Article

Court Bars Employer From Distributing Arbitration Agreement To Settlement Class Members During Pendency Of Class Settlement

A federal magistrate judge blocked an employer from distributing a dispute resolution agreement with a class action waiver to settlement class members between preliminary and final approval stages. The court found that despite the agreement's non-coercive language, the timing created unacceptable risks of confusion that could interfere with class members' settlement rights.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

FDA In Flux — September 2026 Newsletter

The FDA is seeking stakeholder input on a regulatory framework for generative AI-enabled medical devices, while advancing major user fee program reauthorizations that introduce domestic manufacturing incentives and strengthen collaboration with the SEC on disclosure requirements. Recent court decisions and new IVD authorizations are reshaping the landscape for drug compounding and diagnostic testing markets.
United StatesFood, Drugs, Healthcare, Life Sciences
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Tools Of The Trade (Secrets): A Trade Secret Playbook For The Post-Non-Compete World?

In our last post, we covered why building a trade secret management program matters more than blanket confidentiality designations. This post is about what a trade secret program makes possible when someone walks out the door, and why companies without one may be left with employment agreements that cannot do that job alone.
United StatesIntellectual Property
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.
United StatesTechnology
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

AI Authentication Management: Enforcement Prioritization In Executive Order 14,409, “Promoting Advanced Artificial Intelligence And Security”

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.
United StatesCriminal Law
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Sustainable Energy & Infrastructure Connections — September 2026

Explore the latest developments in sustainable energy and infrastructure, from project financing insights and critical minerals policy to AI-driven power demand and emerging opportunities across renewable energy. This comprehensive update examines how investors, developers, and policymakers are navigating the evolving landscape of energy infrastructure and climate technology.
United StatesEnergy and Natural Resources
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

New York Enacts Law Significantly Expanding Employee Access To Personnel Files

New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.
United StatesEmployment and HR
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

A Case For Drafting Patent Claims On Production Methods

Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.
United StatesIntellectual Property
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

IRS Proposes New Rules For Private Schools With Race-Based Policies

The Department of the Treasury and IRS have proposed regulations that would eliminate tax-exempt status for private schools maintaining race-based policies in admissions, scholarships, or programs—regardless of remedial or diversity objectives. The rule would affect approximately 18,000 tax-exempt schools, 750,000 students, and outstanding tax-exempt bonds, fundamentally reshaping how educational institutions approach diversity initiatives and donor-restricted scholarships.
United StatesTax
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Massachusetts Establishes New Framework For Data Center Development

Massachusetts Governor Maura Healey has issued Executive Order No. 658, establishing a comprehensive statewide framework for regulating large-scale data center development. The order requires developers of facilities with peak electricity demand exceeding 25 megawatts to meet new standards addressing community benefits, grid impacts, environmental concerns, and workforce considerations before receiving state permits.
United StatesEnvironment
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.