Liz Kramer

Liz Kramer

Stinson Leonard Street

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Another Federal Appeals Court Finds Availability of Class Arbitration Is Question for Court

In a footnote in Sutter, SCOTUS hinted that the question of whether an arbitration agreement allowed for class arbitration may be one of the “gateway” questions of arbitrability that are presumptively for courts to decide....more

8/4/2014 - Arbitration Class Action Class Action Arbitration Waivers Class Certification SCOTUS

SCOTUS Will Not Reconsider Fate Of Delaware’s Business Arbitrations; NLRB’s Class Action Arbitration Decision Loses Again

SCOTUS announced today that it would not review the Third Circuit’s decision in Strine v. Delaware Coalition for Open Government, Inc, holding that Delaware’s Chancery Court could not offer its judges’ services as neutral...more

3/24/2014 - Arbitrators Class Action Collective Actions Federal Arbitration Act FLSA NLRB SCOTUS

Sixth Circuit Is First To Find Availability Of Class Arbitration Is Gateway Issue To Be Decided By Courts

Just four months ago, SCOTUS suggested (but did not hold) that the decision to allow class arbitrations might be a “gateway” issue of arbitrability that defaults to courts. This week, the Sixth Circuit was the first to take...more

11/11/2013 - Arbitration Arbitration Agreements Class Action Contract Drafting SCOTUS

SCOTUS Set To Hear At Least One Arbitration Case This Term

The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a...more

10/10/2013 - BG Group v Republic of Argentina Bilateral Investment Treaties SCOTUS UNCITRAL

Second And Ninth Circuits Allow Employers To Preclude Collective FLSA Claims, Rejecting NLRB Ruling

In January of this year, the Eighth Circuit was the first federal appellate court to refuse to adopt the National Labor Relations Board’s ruling on class action waivers in employment contracts. (The previous year, in D.R....more

9/4/2013 - American Express v Italian Colors Restaurant Arbitration Collective Actions FLSA NLRB SCOTUS

First State Court Decision Is Reversed Under SCOTUS’ Amex Ruling

Put this post in the “I called it” category - On June 12, the Massachusetts Supreme Judicial Court declared in Feeney that class arbitration waivers are invalid under Massachusetts law if plaintiffs cannot effectively...more

8/6/2013 - American Express American Express v Italian Colors Restaurant Arbitration Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Employment Class And Collective Action Insight: U.S. Supreme Court Holds That Arbitration Class-Action Waivers Are Valid, Even If...

On June 20, 2013, in American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court held that, under the Federal Arbitration Act, courts cannot invalidate a class arbitration waiver on the ground that the...more

6/26/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

SCOTUS Says “Tough Luck” To Plaintiffs Whose Claims Are Too Pricey To Prove In Individual Arbitrations

In American Express Co. v. Italian Colors Restaurant, a divided Supreme Court today reversed the Second Circuit and held that plaintiffs may not invalidate an arbitration agreement containing a class action waiver merely...more

6/21/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Federal Arbitration Act Legal Costs SCOTUS Sherman Act The Clayton Act Waivers

SCOTUS Affirms Arbitrator’s Decision To Allow Class Arbitration In Sutter

The U.S. Supreme Court issued its decision in Sutter today, unanimously holding that as long as the arbitrator bases a decision to allow or disallow class arbitration on the text of the parties’ agreement, her “construction...more

6/11/2013 - Arbitration Awards Class Arbitration Federal Arbitration Act Oxford Health v Sutter SCOTUS Sutter

Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-Or-Practice” Claim

All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more

3/28/2013 - Arbitration Arbitration Agreements Class Action Discrimination Gender Discrimination Goldman Sachs SCOTUS

SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration

While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns...more

3/26/2013 - Arbitration Arbitration Agreements Class Action Class Certification Federal Arbitration Act SCOTUS Standard of Review

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

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

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

12/21/2012 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Preemption SCOTUS Split of Authority Stolt-Nielsen

Preview Of SCOTUS’s 2013 Double-Feature On Class Arbitration

Just last Friday, the Supreme Court agreed to review a second circuit court case that allowed a class action to proceed, despite arguments that the arbitration clause precluded any collective actions. The granting of these...more

12/11/2012 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act SCOTUS

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