News & Analysis as of

Arbitration Agreements AT&T Mobility v Concepcion American Express v Italian Colors Restaurant

BakerHostetler

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration...

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The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related...more

Proskauer - Minding Your Business

Proposed Legislation Would Set Back Corporations’ Use of Arbitration Clauses

The Restoring Statutory Rights Act of 2016, sponsored by Democratic Senator Patrick Leahy, was sent to congressional committee on February 4, 2016 for consideration. The bill would place restrictions on companies’ use...more

Eversheds Sutherland (US) LLP

Class Action Report: 2010-2015

Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. These decisions, the most...more

McAfee & Taft

Arbitration policies for wage and hour claims

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As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

BakerHostetler

California District Court Rejects Shotgun Attacks on Arbitration Agreements

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Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine to recite in the manner of saying grace before invalidating an agreement,...more

Ballard Spahr LLP

Tenth Circuit Rejects State Law Challenge to FAA Primacy

Ballard Spahr LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?

In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as...more

Orrick - Employment Law and Litigation

Arbitration Wars: The California Supreme Court Strikes Back In Sonic II

On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In that 5 – 2 ruling, the...more

Manatt, Phelps & Phillips, LLP

Round 2: Arbitration Agreements v. California Supreme Court

Why it matters: Sonic-Calabasas A, Inc. v. Moreno (“Sonic II”) presents a mixed bag for employers. While the California Supreme Court reversed itself, acknowledging that the waiver of a Berman hearing is not per se...more

Baker Donelson

Is Your ADR Clause Enforceable?

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A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation. ...more

Ballard Spahr LLP

High Arbitration Fees Prove Costly to Defendant

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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

Genova Burns LLC

U.S. Supreme Court alert: American Express Co. v. Italian Colors Restaurant

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Prior to its summer recess, the U.S. Supreme Court issued another decision concerning class arbitration which has implications for unionized and non-unionized employers with agreements to arbitrate workplace disputes....more

Nossaman LLP

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

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In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Carlton Fields

Supreme Court Once Again Upholds Class Arbitration Waiver

Carlton Fields on

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. v. Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual...more

Ballard Spahr LLP

No 'Vindication of Rights' Exception to Concepcion, Supreme Court Holds

Ballard Spahr LLP on

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

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