Ernst & Young Points To 4th Circ. In Class Waiver Fight

Law360, New York (July 29, 2013, 3:19 PM EDT) -- A recent Fourth Circuit decision on National Labor Relations Board recess appointments shows that the NLRB's D.R. Horton decision is invalid and undermines an ex-employee's claim that a class waiver in her arbitration agreement is unenforceable, Ernst & Young LLP told the Second Circuit on Friday. 

The July 17 Fourth Circuit ruling in NLRB v. Enterprise Leasing Co. brought the Fourth Circuit in line with the Third and D.C. Circuits by concluding that only intersession recess appointments were permissible and demonstrates that the Horton decision, which...
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