Arbitration Agreements, Class Action

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 Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

A Tale of Three Cases: California's Split Over Concepcion Continues

by Kirk Jenkins | Sedgwick LLP on 4/5/2013

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Texas District Court Deems Arbitration Agreement Enforceable

by Jason F. Clouser, Michael S. Gordon | Katten Muchin Rosenman LLP on 4/3/2013

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more

Class Action Alert: Recent Developments Favorable for Employers

by Bradford G. Harvey, Jennifer W. Terry | Miller & Martin PLLC on 4/2/2013

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 3/29/2013

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Second Circuit Mandates Arbitration For Title VII Class Action

by Mark Batten | Proskauer - Class & Collective Actions on 3/28/2013

The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more

Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-Or-Practice” Claim

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/28/2013

All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

by Kelly Cullen, Sara Dionne, Jessica Perry | Orrick - Global Employment Law Group on 3/27/2013

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/26/2013

While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns...more

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

by Sean Kirby | Sheppard Mullin Richter & Hampton LLP on 3/25/2013

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

Supreme Court Hears AMEX Class Arbitration Case

by Deborah Renner | BakerHostetler on 3/15/2013

Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133....more

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

by Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

Pro-Arbitration Ruling Likely from Supreme Court

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 3/1/2013

Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more

SCOTUS Hears AmEx III: Argument Highlights

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/28/2013

The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement precluding class actions can be invalid if it makes it impossible for plaintiffs to vindicate federal...more

Citing Concepcion, FINRA Panel OKs Class Action Waivers in Broker-Dealer Customer Arbitration Agreements

by Jessica R. Bogo, Sarah A. Good | Pillsbury Winthrop Shaw Pittman LLP on 2/28/2013

A Financial Industry Regulatory Authority (“FINRA”) hearing panel held that FINRA’s own rules prohibiting judicial class action waivers in broker-dealer customer arbitration agreements are preempted by the Federal Arbitration...more

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

Wisconsin Auto Title Loans v. Jones: Another Round in the Fight Over Concepcion and Federal Arbitration Act Preemption

by Eric Pearson | Foley & Lardner LLP on 2/7/2013

Last year, around this time in fact, we wrote about the Federal Arbitration Act and the effect of AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), on an argument under Wisconsin law about the unconscionability of an...more

The Gentry Test On Enforceability Of Class Action Waivers In Arbitration Agreements Remains Good Law In California

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Franco v. Arakelian Enterprises, Inc., No. B232583 (Cal. App. 2d, November 26, 2012): In a recent decision by the Second Appellate District of California, the court held that the multifactor test set forth by the California...more

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the...

by Greg Mersol, Ericka Spears | BakerHostetler on 1/30/2013

Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more

Advertising News & Analysis - January 17, 2013

by Kaveri Arora, Roger A. Colaizzi, Thomas Gilbertsen, Leonard L. Gordon, Todd A. Harrison, Jeffrey D. Knowles, Maura A. Marcheski, John Moore, Amy Ralph Mudge, Matthew R. Rabinowitz, more +Ari Rothman, Erin Seder, Randal M. Shaheen, Ralph S. Tyler | Venable LLP on 1/23/2013

In this issue: - FTC Adds New Commissioner - Balance, Clarity Key to Success of Class Action Waivers - FDA’s Proposed Food Safety Rules Focus on Prevention - WhoNu Dueling NAD, CARU Inquiries Would...more

Two California Appellate Courts Invalidate Auto Installment Contract Arbitration Clauses

by BuckleySandler LLP on 1/22/2013

Recently, the California Court of Appeals for the First and Second Appellate Districts affirmed lower court orders denying two automobile dealerships’ petitions to compel arbitration, holding that the arbitration clause in...more

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Arbitration Agreements › Class Action