NINTH CIRCUIT VACATES CERTIFICATION ORDER AND ORDERS PARTIES TO INDIVIDUAL ARBITRATION
A recent California district court ruling denied the defendant’s motion to compel arbitration in an employment dispute, and also certified a class against the defendant. The district court found that the defendant waived its right to arbitrate through litigation conduct. The Ninth Circuit disagreed, reversing, and remanding with instructions to order the plaintiff and defendant to arbitrate, because the plaintiff had failed to demonstrate any prejudice arising from the “litigation conduct” which the district court found constituted a waiver. The Court also vacated the district court’s certification order, noting that the parties’ employment agreement prohibited class arbitration. Richards v. Ernst & Young, LLP, No. 11-17530 (9th Cir. Aug. 21, 2013).
This post written by John Pitblado.
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