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October 14, 2020

Small claims court as escape hatch for mass arb defendants? Not so fast, says L.A. judge

In a case that has important implications for companies facing mass arbitration demands from their customers, Los Angeles Superior Court Judge Terry Green ruled last week that Intuit cannot halt arbitration with nearly 10,000 customers who allege the financial software company steered them into paying for tax preparation services after they attempted to use a free version of Turbo Tax.

September 30, 2020

Law360: 9th Circuit Says Postmates Can’t Duck $10M In Arbitration Fees

Our clients won a significant victory yesterday in the U.S. Court of Appeals for the Ninth Circuit. Just two weeks after oral argument, the court affirmed a district court ruling compelling Postmates to arbitrate with more than 5,000 of our clients. KL’s Warren Postman argued the case on behalf of thousands of Postmates couriers, who allege that the company failed to pay minimum wage and overtime because it improperly classified them as independent contractors.

September 17, 2020

Gibson Dunn Gets a Chilly Reception in Early Appellate Hearing

Gibson Dunn’s first appellate showdown with plaintiffs represented by Keller Postman featured one judge saying he was “completely unsympathetic” to the merits of their argument that filing large batches of individual arbitrations somehow games the system. Read the full article on – – – *As of April 2022, the […]

September 15, 2020

9th Circuit panel ‘unsympathetic’ to Postmates’ claims over mass arbitration

Last week, Keller Postman Partner Warren Postman argued in the U.S. Court of Appeals for the Ninth Circuit on behalf of more than 5,000 Postmates couriers. Our clients seek to have their claims against the company heard in individual arbitrations. Circuit Judge Paul Watford told a lawyer for Postmates Inc that those 5,000 couriers “didn’t do anything wrong” by simultaneously filing claims in individual arbitration that they were misclassified as independent contractors.

April 6, 2020

‘Scared to Death’ by Arbitration: Companies Drowning in Their Own System

Keller Postman’s first wave of cases have focused on workers in the gig economy. Mr. Lenkner said he believed that his firm could economically mount arbitration claims, one by one, because the gig workers had similar allegations against companies like Uber and Postmates — namely that they have been misclassified as independent contractors.

March 5, 2020

Postmates Loses Bid To Pause Courier Arbitration Ruling

A California federal judge won’t delay enforcement of her order requiring Postmates to arbitrate thousands of couriers’ misclassification claims while the company appeals the decision, saying Thursday that the harm the company claimed it would face due to steep arbitration fees was it own doing.

March 4, 2020

Appeals Court Moves UberBLACK Case Forward

A U.S. appeals court on Tuesday decided to move forward with a case regarding whether UberBLACK drivers, who offer luxury Uber rides, should be classified as employees rather than contractors under the Fair Labor Standards Act. The move comes as the ride-hailing company faces pressure from workers and lawmakers to classify independent gig workers as employees so they receive the required employee benefits that range from state to state.

March 3, 2020

Uber Loses Driver Misclassification Appeal in Pennsylvania

UberBLACK drivers in Pennsylvania put forth enough evidence to support their claims that Uber Technologies Inc. misclassified them as independent contractors instead of employees under the Fair Labor Standards Act, the Third Circuit ruled Tuesday. Nationally, this is the first court of appeals case involving Uber—or any gig economy company—to […]

February 27, 2020

Arbitration Storm at DoorDash

Represented by Keller Postman, the Dashers went to court to compel arbitration. It’s a strategy that, for decades, we’ve watched managements use against consumers and employees. But workers litigating to get their bosses to arbitrate? “This is like judo,” said F. Paul Bland, executive director at Public Justice and a […]