Alternative Dispute Resolution (ADR)

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News & Analysis as of May 21, 2013

Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/18/2013

More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. ...more

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 4/16/2013

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

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/15/2013

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

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

by Travis Anderson, Shannon Petersen | Sheppard Mullin Richter & Hampton LLP on 1/22/2013

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more

Enforcing Class Action Waivers: A "Major Change In California Law"

by Sheppard Mullin Richter & Hampton LLP on 10/15/2012

In Phillips v. Sprint PCS, __ Cal. App. 4th __, 2012 WL 4378199 (1st Dist., Sept. 26, 2012), the California Court of Appeal affirmed a trial court’s decision to reconsider its past order refusing to enforce an arbitration...more

Concepcion Mandates Individual Arbitration Even When Statutory Rights Cannot Be Vindicated, Third Circuit Holds

by Ballard Spahr LLP on 8/28/2012

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), obligates courts to compel individual arbitration even where the plaintiff has proven that doing so would make it impossible to...more

The Federal Arbitration Act Preempts Any Right To A Class Action Under State Law

by Sheppard Mullin Richter & Hampton LLP on 8/7/2012

The California Court of Appeal recently held that the Federal Arbitration Act (FAA) preempts any statutory right to a class action under the California Consumers Legal Remedies Act (CLRA). See Caron v. Mercedes-Benz Financial...more

Federal District Courts Continue to Find Ways to Invalidate Arbitration Clauses Despite the U.S. Supreme Court's Recent...

by Saul Ewing LLP on 6/7/2012

A recent federal court decision provides warning that companies should be balanced in drafting arbitration provisions and not include provisions that are "unfairly one-sided" at the expense of the consumer. Otherwise, courts...more

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

The Ninth Circuit Again Follows Concepcion And Enforces Consumer Arbitrations

by Sheppard Mullin Richter & Hampton LLP on 3/29/2012

On March 16, 2012, the Ninth Circuit followed the recent U.S. Supreme Court decision in AT&T Mobility, Inc. v. Concepcion, 131 S. Ct. 1740 (2011), and held that the Federal Arbitration Act (the FAA) preempts state law...more

Federal Law Preempts State Law Barring Arbitration Of Claims For Public Injunction

by Sheppard Mullin Richter & Hampton LLP on 3/26/2012

On March 7, 2012, the Ninth Circuit held that the Federal Arbitration Act preempts California's rule prohibiting the arbitration of claims for public injunctions. Kilgore v. KeyBank, Nat'l Ass'n, --- F.3d ----, 2012 WL...more

Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting Arbitration of Claims for Broad Public Injunctive...

by Barger & Wolen on 3/14/2012

On March 7, 2012, the Ninth Circuit Court of Appeals issued an opinion that significantly limits the power of California, and other states, to restrict the enforcement of arbitration agreements and class action waiver...more

Judicial Scrutiny of Arbitration Clauses Under Concepcion

by Venable LLP on 2/13/2012

Two recent federal appellate decisions demonstrate the limits of last year’s Supreme Court decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). In Concepcion, plaintiffs alleged a class of...more

Employment Law Commentary - Volume 24, No. 1 January 2012

by Morrison & Foerster LLP on 2/2/2012

In this issue: Titans Clash and Uncertainty Abounds – The Ongoing Turmoil Regarding Enforceability of Mandatory Employment Arbitration Agreements in California and D.R Horton, Inc. - The NLRB Weighs in on Class...more

Federal Arbitration Act Preempts State Law; Action Stayed Pending Arbitration In Canada Under Canadian Law

by Cadwalader, Wickersham & Taft LLP on 1/16/2012

Audio Visual Concepts, Inc. v. Smart Technologies, ULC, et al., Civil No. 11-1551 (JAG-CVR) (D. P. R. 2011), addresses the issue of the staging or sequencing the resolution of disputes pending in an international arbitration...more

Recognition and Enforcement of Foreign Judgements in Turkey

by Burak Gencoglu on 1/8/2012

Turkey, as an outcome of its integration policy into the global business, has a liberal modern and international investor friendly judgement system. Turkish government has made fundamental changes on the judicial system to...more

The California Court Of Appeal Disagrees With The U.S. Supreme Court On The Enforceability Of Arbitration Agreements

by Sheppard Mullin Richter & Hampton LLP on 11/3/2011

In Sanchez v. Valencia Holding Company, LLC, --- Cal.Rptr.3d ----, 2011 WL 5027488 (Cal.App. 2 Dist. Oct. 24, 2011), the California Court of Appeal attempts an end run around the U.S. Supreme Court's recent decision in AT&T...more

Appeals Court Distinguishes Supreme Court Ruling on Arbitration Clauses Barring Class-action Suits

by Duane Morris LLP on 8/3/2011

The New Jersey Appellate Division ruled—despite the recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion — that binding arbitration clauses in consumer contracts that bar class-action suits still may be...more

Class Actions Are Dead. Long Live Class Actions?: The Implications of AT&T Mobility LLC v. Concepcion for Employers

by Morrison & Foerster LLP on 5/3/2011

As our colleagues who litigate consumer class actions reported in last week’s client alert, the United States Supreme Court handed businesses a major victory last Wednesday, overturning California law to uphold a mandatory...more

Discover Bank Is Dead: The U.S. Supreme Court Rules That Federal Law Preempts State Laws That Obstruct The Enforcement Of Class...

by Sheppard Mullin Richter & Hampton LLP on 4/28/2011

On April 27, 2011, the Supreme Court held that the Federal Arbitration Act "preempts California's rule classifying most collective arbitration waivers in consumer contracts as unconscionable." AT&T v. Concepcion, 563 U.S....more

Second Circuit Decision Puts in Doubt Enforceability of Class Action Waivers in Arbitration Provisions

by Proskauer Rose LLP on 3/22/2011

Many consumer-facing companies use arbitration provisions in their standard contracts to avoid the costs and burdens of the judicial process. But some go further, requiring customers to not only arbitrate, but to forego any...more

Supreme Court’s 2009-2010 term sets up showdown over class-action waivers in arbitration agreements

by Sutherland Asbill & Brennan LLP on 9/29/2010

Not only did the Supreme Court’s 2009-2010 term continue the trend in favor of arbitration, but it also set up a key showdown for next term regarding the enforceability of classaction waivers in arbitration agreements and the...more

Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights...

by Antonin Pribetic on 6/5/2010

Forum selection and arbitration clauses are a mainstay of international commercial agreements. Contracting parties often negotiate and insert a clause specifying either the chosen forum for adjudicating any disputes arising...more

Canadian litigants battle over scope of arbitration clauses seeking juridical advantages

by Ellyn Law LLP on 4/3/2009

Igor Ellyn, Senior Partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, Toronto, Canada, reviews the Ontario cases involving arbitration clauses. In Canadian courts, arbitration agreements are broadly...more

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