The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement precluding class actions can be invalid if it makes it impossible for plaintiffs to vindicate federal...more
- American Express AmEx Arbitration Agreements Class Action Federal Statutory Rights Rule 23 SCOTUS Transcripts
A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more
- AmEx Arbitration AT&T Mobility v Concepcion Class Action Cost Prohibitive Arbitration Defense Delegation Clauses Federal Statutory Rights Preemption SCOTUS State Law Tort Claims
On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more
- AmEx Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DOJ SCOTUS Solicitor General
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