U.S. Court of Appeals for the Ninth Circuit

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June 23, 2014

The panel affirmed the district court’s order granting the motion of Bloomingdale’s, Inc. to compel arbitration under the Federal Arbitration Act, and dismissing without prejudice the putative class action brought by a former employee to recover unpaid overtime wages.

U.S. Chamber argues FAA requires enforcing agreements to arbitrate on an individual basis

December 19, 2012

NCLC urged the Ninth Circuit to uphold the District Court’s decision, which held that the Federal Arbitration Act (FAA) requires enforcement of voluntary agreements to arbitrate on an individual basis. NCLC argued in its amicus brief that the FAA requires courts to enforce arbitration agreements according to their terms. That requirement extends to agreements to arbitrate on an individual basis and the enforceability requirement may only be displaced by a clear congressional command to the contrary. NCLC pointed out that neither the National Labor Relations Act (NLRA) nor the Norris-LaGuardia Act contain a clear congressional command to override the FAA and thus, the arbitration agreement in question should be enforced. Enforcing these agreements also benefits employees, businesses and the national economy.

Andrew J. Pincus, Evan M. Tager, Archis A. Parasharami, Richard B. Katskee of Mayer Brown LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

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