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 [...]
Posts Tagged ‘federal arbitration act’
Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News
Posted in Class Action Trends, Federal Civil Procedure, Federal Court Decisions, Lawyers' Resources, Other class action blogs, tagged american express merchants, amex III, arbitration, class action, compucredit, concepcion, employment class action, FAA, federal arbitration act, federal common law, federal statutory law, greenwood, iqbal, lewis, mersol, pleading, rule 8, scalia, twombly, unconscionability on February 9, 2012 | Leave a Comment »
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 [...]
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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