In the first of four highly anticipated rulings on class action issues this term, the United States Supreme Court has handed down a major victory for business interests. In a 5-4 decision in AT&T Mobility LLC v. Concepcion, No. 09-893, the conservative majority held that the Federal Arbitration Act pre-empts state contract law principles in determining the [...]
Posts Tagged ‘FAA’
Supreme Court Finds in Favor of Class Arbitration Waivers
Posted in Supreme Court Decisions, tagged arbitration waiver, class arbitration waiver, concepcion, FAA, scalia, Supreme Court on April 27, 2011 |
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 [...]
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 [...]
AT&T Mobility v. Concepcion – summary of oral argument
Posted in Class Action News, Supreme Court Decisions, Uncategorized, tagged alito, AT&T Mobility, class action waiver, class arbitration waiver, concepcion, FAA, ginsburg, kagen, pincus, scalia, supreme court scotus on November 17, 2010 | 3 Comments »
The Supreme Court heard argument last week in the case that many commentators were calling a possible death knell for consumer class actions. (See previous CAB posts on Nov. 4, 2010 and Nov. 9, 2010) So does the future of consumer class actions still seem dire after oral argument? The basic issue is whether the [...]
Supreme Court to Hear Argument on FAA Preemption in Cases Involving Class Arbitration Waivers
Posted in Class Action Trends, Supreme Court Decisions, tagged at&t mobile, class arbitration waivers, concepcion, FAA, federal arbitration act, preemption, scotus, Supreme Court, unconscionability on November 4, 2010 | 2 Comments »
The U.S. Supreme Court will hear oral argument next week in a case involving one of the hottest issues in class action law these days, the enforceability of class arbitration waivers. Class arbitration waivers are contract clauses that require arbitration, combined with an agreement to waive the right to pursue any dispute as a class action. AT&T [...]
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 [...]
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