Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen

more+
less-

After deciding four arbitration cases during the previous term, the United States Supreme Court decided only one case regarding arbitration during its 2010 term (commencing in October 2010 and extending until June 2011)—but it is a case with a major implication for both arbitration and litigation practice. In addition, the Second Circuit has decided a case that takes a perhaps unexpected approach to the Supreme Court’s decision last year in Stolt-Nielsen S.A. v. Animalfeeds International Corp. (“Stolt-Nielsen”). Both decisions are discussed below.

A. AT&T v. Conception

The Supreme Court’s sole arbitration decision this year was rendered in AT&T v. Conception, which reversed on Federal Arbitration Act preemption grounds a Ninth Circuit decision upholding California’s rule that class action waivers in certain consumer adhesion contacts were invalid as applied to contracts containing arbitration clauses. AT&T builds on the Supreme Court’s decision the previous term in Stolt-Nielsen holding that an arbitration agreement that was silent on class arbitration could not be interpreted to authorize class arbitration to create an environment in which consumer class actions may be very difficult to bring in arbitration...

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×