9th Circ. Enforces E&Y Class Waiver, Rejecting DR Horton

Law360, New York (August 21, 2013, 9:50 PM EDT) -- The Ninth Circuit ruled Wednesday that Ernst & Young LLP's arbitration agreement, which contains a class waiver, should be applied in a wage-and-hour suit against the accounting giant, and refused to follow the National Labor Relations Board's controversial D.R. Horton decision.

The appeals court held that a California federal court had erred in denying Ernst & Young's bid to force arbitration in a state law wage-and-hour class action led by former financial managing associate Michelle Richards because the company had waived its right to arbitrate by...
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