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Much has been written following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. ____, 131 S. Ct. 1740 (2011); Oxford Health Plans, LLC v. Sutter, 569 U.S. ____, 133 S. Ct. 2064 (2013); and American...more
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
Although the Supreme Court's decision to strike down Section 3 of the Defense of Marriage Act in United States v. Windsor has drawn the most attention, other key rulings from the 2012-2013 term also affect HR.
Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more
RECENT CASE SUMMARIES -
GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT?
Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013).
In a non-reinsurance case, the United States Supreme Court recently...more
U.S. Supreme Court Decisions -
Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law -
In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more
Mandatory arbitration agreements are an important tool in managing litigation risk and cost. Oftentimes, however, the pressures of drafting an arbitration agreement palatable to all involved parties result in sparse...more
The Supreme Court of the United States recently issued two landmark rulings affecting the viability of arbitration as an alternative to costly litigation....more
As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more
Applying the Supreme Court’s recent decision in Oxford Health Plans v. Sutter, the 11th Circuit affirmed an arbitrator’s conclusion that the parties’ agreement permitted class-wide arbitration....more
In a much-anticipated case the U.S. Supreme Court reached a decidedly unremarkable conclusion on June 10, 2013. The gist of the U.S. Supreme Court's new decision on class action arbitration agreements is old hat - courts may...more
The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions....more
The Supreme Court has issued a decision that resolves a split among the circuit courts and clarifies previous case law that some felt sounded the death knell for class arbitration....more
A unanimous Supreme Court held that arbitrators get the final say as to whether class arbitration is authorized if the parties put the question of class arbitration before the arbitrator. Oxford Health Plans, LLC v. Sutter,...more
Combining last week’s decision in American Express Co. v. Italian Colors Restaurant with its decision earlier this month in Oxford Health Plans v. Sutter, the Supreme Court’s position now seems clear. If an employer wants to...more
In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more
Ever have that feeling that your arbitrator just doesn’t understand you? You may be right, but there’s not much you can do about it. A recent unanimous ruling by the United States Supreme Court should encourage employers to...more
In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more
The United States Supreme Court has answered whether the Federal Arbitration Act (FAA) empowers an arbitrator to determine that the parties to an arbitration agreement agreed to authorize class arbitration based only on the...more
The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute...more
On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more
In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows...more