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Class Waiver Battle Appears Destined For Supreme Court 


The article, “Class Waiver Battle Appears Destined For Supreme Court,” featured in Law360, discussed how the Ninth Circuit widened a split among appeals courts Monday when it ruled Ernst & Young LLP can’t force employees to pursue work-related claims individually, increasing the likelihood the U.S. Supreme Court will weigh in on the hot-button issue.

In an article this week, Rich Meneghello and other attorneys with the labor and employment firm Fisher Phillips wrote that the Ninth Circuit was the “most bruising loss” yet for employers in the class action waiver battle.

 Expanding on that thought in an interview, Rich said employers generally have adjusted to the idea that the NLRB is going to take a pro-employee stance at most opportunities. And while the Seventh Circuit decision wasn’t exactly good news, he said employers could look at it as something of an anomaly.

 But Monday’s decision is “confirmation that the Seventh Circuit isn’t just an outlier,” said Rich.

To read the full article, please visit Law360.


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