Class Action Litigation: Helping Your Business Avoid or Minimize the Risk of Exposure
Lane Powell Attorneys Rudy Englund and Erin Wilson authored an article in Seattle Business magazine’s August issue titled “Class Action Litigation: Helping Your Business Avoid or Minimize the Risk of Exposure.” In the article, Englund and Wilson discussed the increasing ability of businesses to enforce arbitration agreements and avoid class action litigation.
A couple of novel tools are becoming increasingly available under Washington state and federal law, enabling businesses to reduce exposure to class and/or collective action litigation. Specifically, courts are becoming increasingly likely to enforce arbitration agreements, including provisions that waive one’s ability to pursue class and/or collective actions. Therefore, a claimant would be limited to pursuing his or her claims in an arbitration format on an individual basis. Additionally, the United States Supreme Court recently held open the possibility that an offer of judgment to an individual claimant may moot a Fair Labor Standards Act (“FLSA”) collective action, requiring dismissal of such a case.