June 14, 2012

Bill Horwitz Article Published in New Jersey Law Journal

Florham Park counsel Bill Horwitz wrote an article for the New Jersey Law Journal titled, “Third Circuit Rides the Class-Action Arbitration Waive.”

Bill discusses the case of Quilloin v. Tenet HealthSystem Philadelphia, in which the Third Circuit, following the U.S. Supreme Court’s lead and its own precedent, endorsed the validity of class-action waivers in predispute employment arbitration agreements.

Bill outlines the facts of the case and the court’s reasoning and says that the case offers helpful guidance for employers rolling out new arbitration agreements and employers with existing agreements

He notes that Quilloin holds that class-action waivers are en­forceable and employers should consider including them in arbitration agree­ments.

Employers should also “include a provision requiring the parties to submit arbitrability issues to the arbitrator.”

Click on the PDF link below to view the entire article.

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