Class Actions Blog

Ninth Circuit finds variations in damages does not defeat class certification

Posted on: August 22nd, 2016 by Keith Dubanevich

employeesIn June, the U.S. Ninth Circuit Court of Appeals affirmed class certification of a wage and hour case over the defendants’ objection that individual damages calculations predominated. Vaquero v. Ashley Furniture Industries, Inc., ___ F.3d ___ (9th Cir. Jun. 8, 2016).  Read more…

Respected US District Judge Jed Rakoff refuses to enforce Uber’s arbitration and class action waiver clauses

Posted on: August 4th, 2016 by Keith Dubanevich

In a strongly worded decision, Judge Rakoff began his opinion by raising suspicion about whether the Federal Arbitration Act could properly be applied in today’s commercial context:

Application of [the federal policy favoring arbitration] to the Internet is said to inhere in the Federal Arbitration Act, as if the Congress that enacted that Act in 1925 remotely contemplated the vicissitudes of the World Wide Web. Nevertheless, in this brave new world, consumers are routinely forced to waive their constitutional right to a jury and their very access to courts, and to submit instead to arbitration, on the theory that they have voluntarily agreed to do so in response to endless, turgid, often impenetrable sets of terms and conditions, to which, by pressing a button, they have indicated their agreement.

Read more…

New York Times article suggests forced arbitration clauses (like those in Gretchen Carlson case) protect sexual predators

Posted on: August 3rd, 2016 by Steve Larson

fine printHere is the link to a New York Times article that is critical of the Forced Arbitration Clause in Gretchen Carlson’s Fox News Contract.  http://www.nytimes.com/2016/07/14/business/media/gretchen-carlsons-contract-could-shroud-her-case-in-secrecy.html?ref=business&_r=0

Portland consumers must opt-out of Biketown forced arbitration clause in first 30 days

Posted on: July 25th, 2016 by Steve Larson

fine printThe Oregonian is reporting that people that sign up to use the Biketown bikes in Portland, Oregon have 30 days to opt out of the Forced Arbitration Clause in the sign-up agreement.

Here is the link: http://www.oregonlive.com/commuting/index.ssf/2016/07/how_to_keep_your_right_to_sue.html.

Democratic Platform To Limit Forced Arbitration

Posted on: July 21st, 2016 by Steve Larson

fine printPreparations are underway for the Democratic Convention in Philadelphia. The Draft Democratic Platform unequivocally supports an individual’s right to his or her day in court and efforts to limit forced arbitration clauses in employment and service contracts. Read more…

Roger Ailes to use forced arbitration to defend himself in sexual harassment case

Posted on: July 11th, 2016 by Steve Larson

fine printAccording to the Washington Post, Roger Ailes is using a forced arbitration clause in Gretchen Carlson’s employment agreement to avoid having the facts about his alleged sexual harassment aired in public.  Here is the link.

https://www.washingtonpost.com/blogs/erik-wemple/wp/2016/07/09/roger-ailes-opts-for-secrecy-cowardice-in-face-of-gretchen-carlson-suit/

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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

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About this blog

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

About the authors

  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
  • Keith Dubanevich

  • Steve Larson
  • Keith Dubanevich has extensive experience handling antitrust, consumer and securities cases. Until joining the Portland, Oregon law firm Stoll Berne as a shareholder, he was the Associate Attorney General and Chief of Staff at the Oregon Department of Justice.
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