· 3/9/2005
Erric Walker, Steve Ricketts, and Vickie Atchley, on Behalf of Themselves and All Others Similarly Situated v. Ryan's Family Steak Houses, Inc.
Citations
- 400 F.3d 370
- 10 Wage & Hour Cas.2d (BNA) 609
- 2005 U.S. App. LEXIS 3915
- 2005 WL 544353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the first factor weighed against enforcing waiver because plaintiffs had not completed high school, were in “dire financial circumstances,” and earned between $11,000 and $16,000 annually
- acknowledging that “the opportunity to undertake extensive discovery is not necessarily appropriate in an arbitral forum”
- noting that in evaluating whether a plaintiff has knowingly and voluntarily waived right to pursue employment in federal court, courts will consider the amount of time the plaintiff had to consider the agreement and opportunity to consent with a lawyer
- upholding district court’s finding that the sophistication of the plaintiffs, many of which did not graduate high school, was “low-to-mid level”
- upholding district court determination that plaintiffs did not knowingly and voluntarily consent to arbitration, noting most of the plaintiff class had not completed high school, among other factors
- no waiver when applicants for low-wage restaurant jobs were hurried through signing process and were at a “disadvantage” in understanding the waiver’s “legalistic terminology”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cole, Clay, Hood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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