Friday, August 17th, 2007

Beistline Approves Settlement of Consumer Class Action

Sitting in the Eastern District of California, Judge Ralph Beistline approved settlement of state-law claims of defects in Volvo’s electronic throttle, introduced in 1999.  Trew v. Volvo Cars of No. Amer., LLC, S-05-1379 RRB (E.D.Cal. July 31, 2007)(Document 104). 
Beistline certified a nationwide settlement class, and, overruling objections from class members, held:  1) the settlement provides significant relief not […]

Friday, August 17th, 2007

2nd Cir: Gardner-Denver Lives

The Second Circuit has now unambiguously held that 
mandatory arbitration clauses in collective bargaining agreements are unenforceable to the extent they waive the rights of covered workers to a judicial forum for federal statutory causes of action.
Pyett v. Pennsylvania Building Company, ___ F.3d ___, 2007 WL 2189126 (2nd Cir. Aug. 1, 2007).  The Court emphasized that Wright v. […]