We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more
8/15/2023
/ Antitrust Violations ,
Appeals ,
Arbitration ,
AT&T Mobility v Concepcion ,
Bellwether Verdicts ,
California ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Motion to Compel ,
Oral Argument ,
SCOTUS ,
Sherman Act ,
Verizon
Proposed legislation now working its way through the New Jersey Senate would eliminate the eligibility of postsecondary students and other individuals for State student assistance, training and employment services, including...more
On March 26, the American Bankers Association and the Consumer Bankers Association, represented by Ballard Spahr, filed an amicus brief in support of petitions for certiorari asking the Supreme Court to review the Ninth...more
After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more
1/31/2020
/ Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Contract Terms ,
Employment Contract ,
En Banc Review ,
Epic Systems Corp v Lewis ,
Federal Aviation Administration (FAA) ,
Injunctive Relief ,
Judicial Review ,
Lamps Plus Inc v Varela ,
Petition for Writ of Certiorari ,
Preemption ,
SCOTUS ,
Stays ,
The McGill Rule
On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme...more
1/21/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
En Banc Review ,
Federal Arbitration Act ,
Injunctive Relief ,
Petition For Rehearing ,
Preemption ,
Public Policy ,
The McGill Rule
Earlier this year, we reported on the pendency of several Ninth Circuit appeals concerning the enforceability of consumer arbitration agreements with respect to claims for “public” injunctive relief. On June 28, 2019, in...more
In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more
Yesterday, the Consumer Financial Protection Bureau (CFPB) announced at a field hearing in Albuquerque, New Mexico, that it is proposing regulations that would prohibit covered providers of certain consumer financial products...more
The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more
10/8/2015
/ Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Institutions ,
Mandatory Arbitration Clauses ,
SCOTUS ,
Small Business
The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more
8/12/2015
/ Appeals ,
Arbitration ,
AT&T Mobility v Concepcion ,
Best Practices ,
CA Supreme Court ,
Class Action ,
CLRA ,
Corporate Counsel ,
Federal Arbitration Act ,
Injunctive Relief ,
Putative Class Actions ,
SCOTUS ,
Unconscionable Contracts
The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more
2/11/2015
/ American Express v Italian Colors Restaurant ,
Arbitration ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS
In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more
Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more
A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC, the court affirmed the trial court’s denial of a...more
The U.S. Supreme Court today delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration agreements....more
Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more
Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more