Sixth Circuit Refuses To Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was "collective action grab bag," concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6^th Cir. July 31, 2014).  I went with the title that seemed to be of interest to most practitioners, but the case actually touched on several issues, one of which is a bit of a sleeper.

The Killion case had a fairly straightforward fact pattern.  The buyers and sellers of organic food products may not want to admit it, but like any product, they need sales and distribution networks.  In Killion, the plaintiffs were part of that network for a distributor of organic and ethnic foods selling to major retailers like Meijer, Giant Eagle, Kroger, and Walmart.    They were paid commission under a complex formula that took into account their stocking of shelves, store maintenance, promotional marketing in some stores, maintaining inventory, ordering, and related functions.  As this listing suggests, much of