In the wake of the U.S. Supreme Court’s recent ruling on the enforceability of mandatory arbitration agreements in Concepcion v. AT&T Mobility, 09-893, employment defense lawyers have opined that the decision could impact not just consumer class actions like the one facing AT&T, but also employment cases. Some labor and employment lawyers advised their clients that including arbitration clauses in employee contracts could help them avoid class actions altogether.
But last week, Southern District Magistrate Judge James C. Francis IV ruled that a former Goldman Sachs managing director could continue as one of three named plaintiffs in a high-profile proposed gender bias class action against the investment bank, finding that the high court’s decision did not bar the plaintiff’s claims. Goldman Sachs’s lawyers at Sullivan & Cromwell and Paul, Hastings, Janofsky & Walker had cited Concepcion in hopes of compelling arbitration with plaintiff Lisa Parisi, but Magistrate Judge Francis refused to reconsider a previous ruling allowing her to remain in the case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
