Douglas Winter Featured in Inside Counsel Discussing Class Action Arbitration Agreements
In the article, “California Supreme Court to consider if class arbitration should be decided by arbitrator or judge” published by Inside Counsel, Attorney Douglas Winter discusses the implications of the Sandquist v. Lebo Automotive case, which will ultimately determine who decides class arbitration. The plaintiff in this case was allegedly forced to resign from a dealership, and then claimed discrimination and a hostile work environment, seeking damages, injunctive relief and declaratory relief. However, in an employment agreement he agreed that any claim on the job would be addressed exclusively by arbitration.
While the general perception is that arbitration will result in smaller awards for plaintiffs, that is not always the case. Additionally, arbitration can be just as complex as a court proceeding, more expensive, and not always the most efficient or quickest. Mr. Winter adds, “it’s not as streamlined as you would think.” Once a decision is made in the Sandquist case, it will decide whose responsibility it is to determine if employees intended to waive rights to class claims.