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California’s Supreme Court Holds Arbitration Clauses Cannot Waive Public Injunctive Relief

by Robins Kaplan LLP on

In what will likely result in a certiorari petition, the Supreme Court of California unanimously ruled that consumers cannot contractually waive their right to pursue public injunctive relief through a pre-dispute arbitration...more

McGILL v. CITIBANK, N.A.

by Ervin Cohen & Jessup LLP on

I have received a few questions from employers about the recent California Supreme Court decision in McGill v. Citibank, N.A.. The McGill case isn’t an employment law case, but rather deals with a consumer class action....more

Forcing the Issue? California Supreme Court Opens Door for Challenges to Mandatory Arbitration Clauses

Consistent with the historical reluctance of California courts to enforce arbitration provisions in consumer contracts, on April 6, 2017, the California Supreme Court ruled that an arbitration provision that waived an...more

Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

by Hirschfeld Kraemer LLP on

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill...more

Blood in the Water: Courts Evaluate Standing in Three Recent TCCWNA Class Actions

The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies advertising and selling to...more

Fate of House bill to change class action procedures could be barometer for CFPB arbitration rule

by Ballard Spahr LLP on

On February 9, 2017, the House Judiciary Committee by a vote of 19-12 passed the Fairness in Class Action Litigation Act of 2017, a bill that would make significant changes to the procedures for class actions in federal...more

Eleventh Circuit Invalidates Another Western Sky Arbitration Clause

by Goodwin on

On August 29, 2016, the Eleventh Circuit upheld a Northern District of Georgia decision invalidating an arbitration clause in Jessica Parm v. National Bank of California, N.A. (Docket No. 15-12509). Defendant National Bank...more

SHE Matters: The Consumer Rights Act 2015

by DLA Piper on

This year has seen the advent of a key new piece of legislation, which has boosted the statutory rights of consumers in the UK. The Consumer Rights Act 2015 (Act), the main provisions of which entered into force on 1 October...more

The California Supreme Court Holds Consumer Class Action Waivers In Arbitration Provisions Are Enforceable Under Federal Law

On August 3, 2015, the California Supreme Court issued its long-awaited arbitration decision in Sanchez v. Valencia Holding Co., LLC, No. B228027. The Court held that the arbitration provision found in a standard form auto...more

Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits

by Carlton Fields on

The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more

Caveat Empty Box

by Cozen O'Connor on

In a strong defense victory from earlier this year, the U.S. District Court for the Eastern District of California denied a proposed class of laptop purchasers the opportunity to proceed against Toshiba as a class, instead...more

SEC Approves FINRA Rule Limiting Expungement

On July 22, the Securities and Exchange Commission authorized the Financial Industry Regulatory Authority, Inc. to implement FINRA Rule 2081 prohibiting brokers from conditioning settlement of customer complaints on (or...more

France Provides for Consumer Class Actions

by Bennett Jones LLP on

France, following the lead of many other European Union members, has enacted legislation providing for class actions in the consumer law field. The new law, known as the "Hamon Law", was passed in February but is still coming...more

Consumer Advocates Form "Anti-Arbitration" Organization

by Ballard Spahr LLP on

A group of consumer advocates have formed a nonprofit organization that seeks through mass arbitration to undermine the effect of the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion. In that...more

Who Gets the Pet in a Divorce?

by Kaiser Legal Group on

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He...more

Second Circuit (Again) Rules that Arbitration Clauses that Diminish Vindication of Federal Claims are Not Enforceable

This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Second Circuit Court of Appeals' February 2012 decision in In re American...more

Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration

Compucredit Corp. v. Greenwood, decided January 10, 2012 is the latest in a series of U.S. Supreme Court opinions that have come down firmly on the side of the enforceability of consumer arbitration agreements. Lining up 8-1...more

GMA Condo Alert! (Winter 2012 edition)

by Chris Jaglowitz on

Now that "the winter that never was" is finally over, we can safely reveal the Winter 2012 edition of our newsletter, featuring the Top 10 Condo Law Cases of 2011. Those of you contemplating a lawsuit or already up to your...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements

This article by Victoria Holstein-Childress and reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and...more

Sargeant v Terminix International

Arbitrator's Award

by Thomas Campbell on

Terminix lied to an ordained pastor and his wife about the condition of a Newport Arkansas home they bought. Terminix said all damage in the house was repaired. In truth, it needed to be torn down. The managers responsible...more

The Future of Consumer Class Actions Following AT&T Mobility LLC v. Concepcion

by Proskauer Rose LLP on

Recent years have seen a rise in consumer class actions across the country, including California. Typically, the first battleground in these cases is at the motion to dismiss stage. In the aftermath of the United States...more

U.S. Supreme Court Tips the Scales Back Toward Arbitration

In a ruling that has garnered significant interest among employers, the U.S. Supreme Court held on Wednesday that the Federal Arbitration Act (FAA) preempts the California Supreme Court’s efforts to impose heightened...more

Concepcion Decision Not Surprising and Not the End of Consumer Class Actions

by Dan Bushell on

The result in AT&T Mobility LLC v. Concepcion flowed naturally from the Court's Stolt-Nielsen decision, in which the Court, in essence, held that class actions and arbitration don't mix. But no one should start writing...more

Class Action Waiver in Arbitration Agreement Enforced by Supreme Court

by Mark Johnson on

The Supreme Court held that an agreement that requires arbitration of claims only on an individual basis, and precludes class-wide arbitration, is enforceable under the Federal Arbitration Act....more

Osler Update: Supreme Court of Canada Allows Parties to Escape Arbitration Clause and Pursue Class Action

by Jennifer Dolman on

This Osler Update is a summary of the much anticipated Supreme Court of Canada decision in Seidel v. Telus Communications Inc. (Telus)which was released on March 18, 2011. At issue was whether a mandatory arbitration clause...more

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