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Liz Kramer

Liz Kramer

Leonard, Street and Deinard


Latest Posts › SCOTUS

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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 AmEx Arbitration Agreements Class Action Federal Statutory Rights Rule 23 SCOTUS Transcripts

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 - AmEx Arbitration AT&T Mobility v Concepcion Class Action Cost Prohibitive Arbitration Defense Delegation Clauses Federal Statutory Rights 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 - AmEx 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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