Outsourcing Justice

federal district court decisions

District Court Certifies for Appeal Whether FAA is Constitutional

In Youssofi v. Credit One Financial, No. 15-CV-1764-AJB-RBB (S.D. Cal. Oct. 28, 2016), a federal district court granted the plaintiff’s motion to certify for immediate, interlocutory appeal whether application of the FAA, without a heightened, knowing, voluntary waiver standard, violates the…

Victory for Employees: Federal Court Finds Arbitration Agreement is Unconscionable for Not Allowing Collective or Class Proceedings

In connection with a Fair Labor Standards Act (FLSA) collective action filed by an exotic dancer for unpaid wages, a federal district court recently found that an arbitration agreement between the dancer and defendant nightclub was unconscionable.  Herzfeld v. 1416…