I was not able to attend the ABA National Institute on Class Actions program in New York City last week, but class action notice expert and occasional CAB contributor, Dr. Shannon R. Wheatman, Vice President, Kinsella Media (swheatman@kinsellamedia.com), was there and she graciously agreed to send me her notes of what sounds like another great [...]
Posts Tagged ‘AT&T Mobility’
Notes From the 15th Annual National Institute on Class Actions
Posted in Class Action Trends, CLE Programs, tagged at&t, AT&T Mobility, class action, class action notice, class action trial, class notice, concepcion, discover bank, dukes, empire cases, iqbal, kinsella, national institute, objector, plain language notice, professional objector, twombly, wal-mart, weinstein, wheatman on October 17, 2011 | 1 Comment »
Baker Hostetler Employment Class Action Newsletter Highlights Key Class Action Developments
Posted in Class Action Decisions, Class Action Trends, Other class action blogs, tagged arbitration, AT&T Mobility, Baker Hostetler, class action, class action waiver, class arbitration, class arbitration waiver, class certification, concepcion, daubert, dukes, expert testimony, FAA, wal-mart on October 5, 2011 | Leave a Comment »
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 [...]
Class Actions Won’t Die this Easily
Posted in Articles, Class Action Trends, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class action, concepcion, death knell, dukes, Supreme Court, wal-mart on September 29, 2011 | 1 Comment »
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 [...]
Southern District of Florida Holds that Arbitration Agreements May Still Be Found Unconscionable Under State Law After Concepcion
Posted in Class Action Decisions, Federal Court Decisions, tagged arbitration agreement, AT&T Mobility, checking account overdraft, class arbitration waiver, concepcion, FAA, preemption, southern district of florida, state law on September 6, 2011 | Leave a Comment »
Thanks to New York attorney William R. Weinstein for tipping me off to another hot-off-the-presses decision addressing class arbitration waivers following AT&T Mobility v. Concepcion. In an order entered September 1, 2011 in the MDL case In re Checking Account Overdraft Litigation, Judge James Lawrence King of the U.S. District Court for the Southern District of [...]
… And One More Decision Invalidating a Class Arbitration Waiver Following Concepcion
Posted in Class Action Decisions, tagged ambiguity, ambiguous, arbitration, AT&T Mobility, class arbitration waiver, concepcion, FAA, federal preemption, foulke, new jersey, preemption on August 17, 2011 | 1 Comment »
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 [...]
We’ll Leave the Light on For Ya (But First, You Might Want to Read the Fine Print)
Posted in Class Action Trends, Commentary, tagged arbitration, arbitration waiver, AT&T Mobility, class arbitration waiver, concepcion, hospitality, Supreme Court on May 31, 2011 | Leave a Comment »
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 [...]
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 [...]
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 | 6 Comments »
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. [...]
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 [...]
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Third Circuit Applies a Broad Reading of Concepcion
Posted in Class Action Decisions, Commentary, Federal Court Decisions, tagged AT&T Mobility, class action waiver, class arbitration, class arbitration waiver, concepcion, FAA, litman, Supreme Court, third circuit on September 1, 2011 | Leave a Comment »
My recent SCOTUSblog post on the October 2010 Supreme Court Term class action decisions does not address an important decision from the Third Circuit Court of Appeals, which was issued last week. In Litman v. Cellco Partnership, the Third Circuit held that New Jersey decision holding class arbitration waivers unconscionable was preempted by the Federal Arbitration Act. To [...]
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