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TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

5/17/2013 - Dodd-Frank Mandatory Arbitration Clauses Mortgages Regulation Z TILA

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

4/18/2013 - Class Action Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68 SCOTUS

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

Proponents of consumer arbitration have been buoyed by a Ninth Circuit opinion issued on April 11, 2013, that underscores the dramatic impact that AT&T Mobility, LLC v. Concepcion has had on the enforcement of consumer...more

4/16/2013

Supreme Court Agrees To Decide Procedure for Enforcing Forum Selection Clauses

Agreeing to review an important issue that has divided the federal circuit courts, the U.S. Supreme Court announced yesterday that it will decide the proper procedural vehicle for enforcing forum selection clauses. ...more

4/2/2013 - Forum Selection Clause SCOTUS Transfer of Venue

Pro-Arbitration Ruling Likely from Supreme Court

Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more

3/1/2013 - American Express Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Credit Cards SCOTUS

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

1/30/2013 - Arbitration Agreements Binding Arbitration Federal Arbitration Act Insurance Contracts McCarran-Ferguson Act Preemption

U.S. Supreme Court To Decide When Sufficient Contractual Basis Exists for Class Arbitration

In another demonstration of its interest in resolving issues arising under the Federal Arbitration Act (FAA), the U.S. Supreme Court has agreed to hear a case that will decide what contractual language provides a sufficient...more

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

Pew Report on Checking Account Arbitration Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the use of arbitration clauses by banks in checking account agreements. Pew examined the prevalence of such clauses and consumer attitudes about arbitration....more

12/4/2012 - Arbitration Agreements

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