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Posts Tagged ‘arbitration’

The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers.  They include: This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision. This February [...]

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Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]

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It has only been a few months since the Supreme Court issued its decision in AT&T Mobility v. Concepcion, holding that state laws holding class arbitration waivers unenforceable as against public policy are preempted by the Federal Arbitration Act (FAA), and the Court is already considering a new case involving the enforceability of arbitration agreements in consumer contracts.   [...]

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Today’s edition of the Baker Hostetler Employment Class Actions Newsletter has two great articles worth noting. My colleague here in Denver, Holli Hartman, authored an article summarizing developments in challenges to class arbitration waivers following the Court’s decision in AT&T Mobility LLC v. Concepcion. Cleveland Partner Greg Mersol and Summer Associate George Skupski contributed an entry examining the application [...]

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UPI contributor Michael Kirkland published a recent article entitled Is Class Action on Its Last Shaky Legs, in which he quotes several legal experts as predicting that the Supreme Court’s recent rulings in Wal-Mart Stores, Inc. v. Dukes and AT&T Mobility LLC v. Concepcion could spell the end of the class action lawsuit.  But, near the end of [...]

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In an entry entitled Concepcion, Four Long Months Later, I summarized several decisions evaluating class arbitration waiver provisions following the Concepcion decision.  I neglected to include the case of NAACP of Camden County East v. Foulke Management Corp., ___ N.J. Super. ___ (App. Div. 2011), in which a New Jersey state appellate court held an arbitration provision unenforceable under state law [...]

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Class action news has slowed a bit over the Summer months, at least compared to the non-stop action we witnessed this Spring.  But one area that has seen continued development in the past few months has been the area of class arbitration waivers, where several lower court decisions have been issued in the wake of AT&T Mobility LLC v. Concepcion.  A view [...]

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David Waller, my partner at Baker Hostetler and hospitality lawyer extraordinaire, posted an entry in the firm’s Hospitality Lawg yesterday entitled AT&T Mobility v. Concepcion – Reconsidering Arbitration in the Hospitality Context.  The article offers practical tips from a transactional lawyer’s perspective on how to take advantage of arbitration agreements in light of the  Supreme Court’s decision.  Although the article is directed [...]

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In response yesterday’s entry discussing Daniel Fisher’s article on the potential impacts of Concepcion, I got one of the best comments that I’ve ever received on this site.  It comes from Portland complex injury and consumer class action attorney David Sugerman, who blogs at www.davidsugerman.com.  Of course, I disagree with just about every word of it, but with imagery like a bunch [...]

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Daniel Fisher, who writes the Full Disclosure blog at Forbes.com, posted an article last Friday titled Has Scalia Killed the Class Action?  Fisher’s article one of the best I’ve seen in discussing the potential practical impact that the Supreme Court’s recent class arbitration waiver decision in AT&T Mobility v. Concepcion may have on future consumer class action litigation.  I highly recommend it.  [...]

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