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Arbitration Agreements Federal Arbitration Act American Express

Maynard Nexsen

Working Around the Courtroom: Is Arbitration for You?

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Within hours of Gretchen Carlson suing then-Fox News CEO Roger Ailes for sexual harassment, Ailes’ attorney responded that Carlson was “desperately attempting to litigate [her termination] in the press.” It didn’t take much...more

Polsinelli

The Beginning of the End for Class Action Litigation? Why Justice Scalia and the Current Supreme Court Are Good for Business

Polsinelli on

In American Express Co. v. Italian Colors Restaurant, the Supreme Court confirmed what it had only hinted at two years earlier in AT&T Mobility, LLC v. Concepcion. In a holding authored by Justice Scalia, the Court made plain...more

Spilman Thomas & Battle, PLLC

Recent Decisions Enforcing Arbitration Provisions

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

Sheppard Mullin Richter & Hampton LLP

The Contract Is King: The U.S. Supreme Court’s Two Recent FAA Decisions

The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the...more

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

Employers Should Reassess Strategy in Light of New Rulings from the Supreme Court

The Supreme Court of the United States recently issued two landmark rulings affecting the viability of arbitration as an alternative to costly litigation....more

BakerHostetler

Massachusetts Supreme Court Enforces Class Action Arbitration Waiver

BakerHostetler on

Eight days prior to the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013) (“AMEX”) (which we blogged here), the Massachusetts Judicial Court held that the Federal Arbitration...more

Genova Burns LLC

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

Genova Burns LLC on

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

Baker Donelson

Supreme Court's American Express Decision Impacts Businesses Seeking to Avoid Being Sued in a Class Action

Baker Donelson on

Businesses often use arbitration agreements as a tool to lessen the burden and cost of future litigation. On June 20, 2013, the Supreme Court released its opinion in American Express Co. v. Italian Colors Restaurant, which...more

Nossaman LLP

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

Nossaman LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court: Class Action Waiver Trumps Federal Statutory Right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court reverses Second Circuit and enforces arbitration clause that includes waiver of class arbitration

The Supreme Court has issued another in a series of decisions that have revealed its desire to limit the impact of class actions....more

McCarter & English, LLP

U.S. Supreme Court Upholds Class Action Arbitration Waivers

If you use arbitration clauses to protect your company against class actions, you can breathe a little easier. The U.S. Supreme Court held last week that class action arbitration waiver provisions are enforceable -- even...more

Sheppard Mullin Richter & Hampton LLP

American Express Co. v. Italian Colors Restaurant: A class action waiver in an arbitration agreement will be strictly enforced...

The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA)...more

Cozen O'Connor

Supreme Court Decision Upholding Class Action Waivers is Good for Employers

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On June 20, 2013, in a 5-3 decision, the U.S. Supreme Court ruled that the Federal Arbitration Act (FAA) does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost...more

Orrick - Employment Law and Litigation

Supreme Court Votes Pro-Arbitration Once Again and Upholds Class Arbitration Waiver

Lest there be any lingering confusion, the U.S. Supreme Court has once again reminded us that arbitration agreements are to be “rigorously enforced.”...more

Stinson LLP

Employment Class And Collective Action Insight: U.S. Supreme Court Holds That Arbitration Class-Action Waivers Are Valid, Even If...

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On June 20, 2013, in American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court held that, under the Federal Arbitration Act, courts cannot invalidate a class arbitration waiver on the ground that the...more

Perkins Coie

Supreme Court Upholds Arbitration Agreement, Rejects Effective Vindication Of Federal Rights

Perkins Coie on

The U.S. Supreme Court rejected another challenge to the enforceability of arbitration agreements under the Federal Arbitration Act (FAA), holding that a contractual waiver of class arbitration is enforceable even if the cost...more

Morrison & Foerster LLP

American Express Co. v. Italian Colors Restaurant: The Supreme Court Reaffirms Its Commitment to Enforcing Arbitration Agreements

Last week’s Supreme Court decision in American Express Co. v. Italian Colors Restaurant builds on a recent line of pro-arbitration rulings – including Stolt-Nielsen, S.A. v. Animal Feeds Int’l Corp. and AT&T Mobility LLC v....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

Miller Canfield

U.S. Supreme Court Enforces Class Action Arbitration Waivers Despite Claim That Cost of Arbitrating Exceed Potential Recovery

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The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more

Morgan Lewis

Supreme Court Again Enforces an Arbitration Agreement with a Class Action Waiver

Morgan Lewis on

In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive. On June 20, the U.S. Supreme Court issued its decision in American Express...more

BakerHostetler

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant - Worth the Wait

BakerHostetler on

The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Upholds American Express’s Class Arbitration Waiver

On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more

Fisher Phillips

Supreme Court Upholds Class Action Waivers In Arbitration Agreements

Fisher Phillips on

The U.S. Supreme Court held today that courts cannot invalidate arbitration agreements which waive class actions, unless there is an express congressional statement that class-action proceedings are so necessary to a federal...more

Littler

Supreme Court's Amex Decision Creates High Hurdle for Plaintiffs Seeking to Invalidate Arbitration Agreements with Class Action...

Littler on

In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the U.S. Supreme Court reversed a Second Circuit opinion and held that the Federal Arbitration Act (FAA) does not permit a court to invalidate...more

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