NOTE: The following is a copy of a post that I did for the recently-released Baker Hostetler Class Action Lawsuit Defense Blog. Be sure to check out the new blog for other fantastic class-action-related content! Globalization has brought with it the growing problem of how to deal with mass disputes that transcend jurisdictional boundaries, as [...]
Posts Tagged ‘class arbitration’
BH Class Action Lawsuit Defense Blog Post: Class and Collective Actions in the Age of Globalization
Posted in Class Action Trends, International Class Action Law, Other class action blogs, tagged 10b, 10b-5, AAA, alien tort, atca, australia class action, australian class action, canada class action, canadian class action, chevron, class arbitration, collective settlement, dutch class action, dutch law, ecuador, f-cubed, foreign cubed, global class action, international arbitration, international class action, israeli class action, kiobel, morrison, national australia bank, netherlands class action, stolt-nielsen, transnational class action, us class action on March 27, 2012 | Leave a Comment »
… More on Amex III
Posted in Class Action Decisions, Class Action News, Class Action Trends, Federal Court Decisions, tagged american express merchants, amex III, arbitration waiver, class arbitration, concepcion, FAA, stolt-nielsen on February 7, 2012 | 2 Comments »
As promised in my post late last week, the Baker Hostetler client alert on last week’s Second Circuit decision in In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir., Feb. 1, 2012) (Amex III) was released today. Here is a link to the alert, authored by New York partner Deborah Renner and Columbus associate Jennifer Vessells, [...]
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 [...]
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 »
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 [...]
2010 Class Action Year in Review
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), all writs act, baycol, CAFA, CAFA removal, civil rights class action, class action review, Class Action Trends, class arbitration, class arbitration waiver, discrimination class action, diversity jurisdiction, dukes, FAA, foreign cubed, morrison, nerve center, preemption, rigorous analysis, shady grove, stolt-nielsen, top ten lists, wal-mart, year in review on December 31, 2010 | 1 Comment »
As 2010 winds down, it’s time to review the key developments in class action law. It was an especially busy year for the federal courts, and in particular the U.S. Supreme Court, on issues impacting class action practice. Here, in chronological order, are 10 key developments from the year that was: January 5 – In In [...]
Strong on the Future of International Class Arbitration
Posted in Articles, Class Action Trends, tagged class arbitration, collective arbitration, international arbitration, International Class Action Law, international class arbitration on November 19, 2010 | Leave a Comment »
University of Missouri Law Professor S.I. Strong, guru of international class arbitration, has two new intriguing publications coming out soon. In both works, she discuss the academic debate about the appropriate international arbitration rules for dealing with large groups of similar claims and discuss the ways in which multi-party or representative procedures are likely to evolve outside the United States. Strong examines the [...]
Class Arbitration as a Global Class Action Forum? Supreme Court Says No.
Posted in Class Action News, International Class Action Law, Supreme Court Decisions, tagged class arbitration, FAA, federal arbitration act, global class action, International Class Action Law, Supreme Court on May 11, 2010 | 1 Comment »
The Supreme Court recently issued a decision addressing the issue of class arbitration. In Stolt-Nielson S.A. v. Animalfeeds International Corp., No. 08-1198 (April 27, 2010), an antitrust class action involving allegations of illegal price-fixing by international shipping companies, the Court held that an arbitration panel’s decision to force class arbitration was invalid because the arbitration agreement was silent about whether arbitration could proceed [...]
Second Circuit Strikes Down Class Arbitration Waiver Provision
Posted in Class Action Decisions, Federal Court Decisions, tagged class arbitration, class arbitration provision, class arbitration waiver on February 2, 2009 | 2 Comments »
Unless you’ve been living under a rock, you’ve probably already heard about the Second Circuit Court of Appeals’ opinion on class arbitration waivers in In re: American Express Merchants’ Litigation. But in case you’re as out of the loop as I have been over the past week, the court has posted a copy of the slip opinion on [...]
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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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