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. [...]
Posts Tagged ‘arbitration’
Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Posted in Commentary, Consumer Class Actions, Practice Tips, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration, class arbitration waiver, class waiver, concepcion, consumer class action, scalia, Supreme Court on May 25, 2011 | 8 Comments »
NY Times vs. Forbes: Is Concepcion a Blow to Consumer Rights or to Trial Lawyers’ Pocketbooks?
Posted in Class Action News, class action reform, Class Action Trends, Supreme Court Decisions, tagged arbitration, arbitration clause, AT&T Mobility, breyer, class arbitration, class arbitration waiver, concepcion, consumer class action, consumer rights, scalia on May 13, 2011 | 1 Comment »
Two op-eds published today highlight the philosophical debate over the impact of the Supreme Court’s recent decision in AT&T Mobility v. Concepcion. The first, published by the New York Times, argues that the decision is a “devastating blow to consumer rights” because it makes it practically impossible for many consumers to seek vindication of their [...]
Class Arbitration Waivers, the Sequel?
Posted in Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration waiver, concepcion, consumer, consumer credit, credit card, croa, FAA, federal arbitration act, ninth circuit, subprime on May 4, 2011 | Leave a Comment »
Last week, following the Supreme Court’s decision in AT&T Mobility v. Concepcion, I commented that the decision does not answer the question whether a federal court has the power to declare a class arbitration waiver unconscionable. Although not on this precise issue, the Court has granted cert on a related issue relating to the enforceability [...]
Second Circuit Deals Another Blow to Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Federal Court Decisions, tagged arbitration, arbitration waiver, class action waiver, class arbitration waiver, FAA, federal arbitration act, public policy, second circuit, sotomayor, stolt-nielsen on March 9, 2011 | 2 Comments »
Class arbitration waivers are contract provisions that require disputes be submitted to arbitration but also expressly preclude the arbitration from being conducted on a representative or class basis. Class arbitration waivers have been a hot topic in class action litigation over the past few years, as some courts have found that in certain contexts that the are unenforceable in violation of public [...]
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Concepcion Point/Counterpoint
Posted in Class Action Trends, Commentary, Consumer Class Actions, tagged arbitration, arbitration waiver, AT&T Mobility, class action abuse, class action lawyer, class arbitration waiver, concepcion, consumer class action, corporate greed, defense lawyer, entrepreneurial litigation, plaintiffs' lawyer, scalia, trial lawyer on May 26, 2011 | 2 Comments »
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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