Arbitration Agreements, SCOTUS

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...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

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

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

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

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

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

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/8/2013

On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 1/9/2013

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Employers and Employees May Contract To Arbitrate Non-Competes

by Theodore A. Olsen | Sherman & Howard L.L.C. on 1/3/2013

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and enforcement of non-competition and confidentiality covenants in contracts...more

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 12/21/2012

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 12/19/2012

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

by Peter C. Vilmos | Burr & Forman on 12/13/2012

Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more

Preview Of SCOTUS’s 2013 Double-Feature On Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 12/11/2012

Just last Friday, the Supreme Court agreed to review a second circuit court case that allowed a class action to proceed, despite arguments that the arbitration clause precluded any collective actions. The granting of these...more

U.S. Supreme Court Rules That Arbitrators, Rather Than Courts, Determine The Enforceability Of Non-Compete Covenants In Arbitrable...

by Chip Collins, Peter C. Vilmos | Burr & Forman on 12/4/2012

Because non-compete agreements are governed by state law, it is rare that the U.S. Supreme Court issues a ruling affecting such contracts. This week’s decision in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. __...more

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Arbitration Agreements › SCOTUS

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

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

Class Action Alert: Recent Developments Favorable for Employers

Bernstein Shur Business and Commercial Litigation Newsletter #26

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

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

Supreme Court Hears AMEX Class Arbitration Case

Pro-Arbitration Ruling Likely from Supreme Court

SCOTUS Hears AmEx III: Argument Highlights

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Employers and Employees May Contract To Arbitrate Non-Competes

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

Preview Of SCOTUS’s 2013 Double-Feature On Class Arbitration

U.S. Supreme Court Rules That Arbitrators, Rather Than Courts, Determine The Enforceability Of Non-Compete Covenants In Arbitrable...

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

Bernstein Shur Business and Commercial Litigation Newsletter #22

Circuit Split in Enforceability of Arbitration Clauses in Bankruptcy Left Unresolved

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

SCOTUS Slaps Sooners With Severability Doctrine

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

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