Liz Kramer

Liz Kramer

Stinson Leonard Street

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Arkansas and New Jersey Sidestep Concepcion Hurdle and Declare Consumer Arbitrations Invalid

Two state supreme courts found consumer arbitration agreements unenforceable in the past week: Arkansas and New Jersey. Arkansas grounded its decision on the lack of mutuality in the consumer arbitration agreement (similar to...more

9/29/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act Fraud

The Next Frontier Of Arbitration Litigation: Lessons From State Courts

After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share....more

8/20/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Litigation Strategies Mandatory Arbitration Clauses Preemption

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

4/9/2013 - Arbitration AT&T Mobility v Concepcion Franchises Preemption Putative Class Actions Unconscionable Contracts

SCOTUS Hears AmEx III: Argument Highlights

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

2/28/2013 - American Express American Express v Italian Colors Restaurant Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion

In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See...more

2/28/2013 - Arbitration Agreements AT&T Mobility v Concepcion Buyers Mutual Agreement Procedure Sellers Severability Doctrine Waivers

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

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

2/15/2013 - American Express Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Cost Prohibitive Arbitration Defense Delegation Clauses Federal Arbitration Act Preemption SCOTUS State Law Tort Claims

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

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

2/8/2013 - American Express Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DOJ SCOTUS Solicitor General

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