What’s at Stake Standing is the legal principle that decides who gets to bring a lawsuit. Traditionally, a person who has experienced the violation of a statute has standing to bring a claim for that violation. For example, the California Fair Debt Buying Practices Act (CFDBPA) says that people can bring claims when a debt…
What’s at Stake Certain workers cannot be compelled into arbitrating disputes with employers under the Federal Arbitration Act (FAA). Specifically, the statute exempts the contracts of workers “engaged in…interstate commerce.” Since our victory in the U.S. Supreme Court in Oliveria v. New Prime, Inc., the scope of this exemption has been the focus of many…
What’s at Stake Under the Older Workers Benefit Protection Act (OWBPA), you have the right to sue your employer for age discrimination up to 90 days after the Equal Employment Opportunity Commission (EEOC) completes an investigation into your employer. EEOC investigations sometimes take years. This case is about an arbitration agreement that IBM forced laid…
What’s at Stake This case tests what counts as “acceptance” of a company’s terms of service, and whether a person can be bound to terms someone else accepted. In this case, our client was seriously and permanently injured in a crash while riding in an Uber that his wife ordered in her app. Uber is…
What’s at Stake Ever since Congress passed the Ending Forced Arbitration in Sexual Assault and Sexual Harassment Act (EFAA) in 2022, companies have been trying to find ways around it. The EFAA says that a plaintiff who brings a case that relates to a “sexual harassment dispute” can elect to bring her entire case in…
What’s at Stake Corporations are trying to make it harder and harder for people to bring class actions against them. When people band together through a class action to sue a corporation that has broken the law and harmed them, lawsuits that would otherwise be too expensive or too difficult to bring on an individual…
What’s at Stake This is the first time the Second Circuit will decide whether the Ending Forced Arbitration in Sexual Assault and Sexual Harassment Act of 2021 (EFAA) saves the whole case from being forced into arbitration when the plaintiff alleges conduct that relates to sexual assault or sex-based harassment, or whether only the sexual…
What’s at Stake Standing is the legal principle that decides who gets to bring a lawsuit. Traditionally, a person who has experienced the violation of a statute has standing to bring a claim for that violation. For example, the California Investigative Consumer Reporting Agencies Act (ICRAA) says that people can bring claims when an employer…
What’s at Stake People who bring legal cases or appeal court decisions “pro se” (without an attorney) face arcane procedural processes that can result in their cases being dismissed on technicalities. This is especially true for people who are working on their own appeals while they are incarcerated. In this case—which was initiated by a…