Arbitration Agreements Supreme Court of the United States

News & Analysis as of

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5,...more

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

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

Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration

A unanimous panel of the Fourth Circuit has held Del Webb Communities, Inc. v. Carlson that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to...more

Have Your Cake and Eat It, Too? Handbook Contract Disclaimers & Mandatory Arbitration Policies

A New Jersey court recently used the so-called contract “disclaimer” language in an employer’s handbook to preclude the employer from enforcing a mandatory arbitration program contained in that same handbook. The court’s...more

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

How Justice Scalia's Death Could Have Profound Reverberations for Employers

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more

Article: February 2016: Class Action Litigation Update: Supreme Court Upholds Arbitration Agreement in DIRECTV Case.

The Supreme Court recently added another decision to a growing body of law reversing state courts for refusing to enforce arbitration agreements. The decision, DIRECTV v. Imburgia, 135 S. Ct. 1547 (2015), concerned the...more

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

Business Litigation Report - February 2016

Inter Partes Review Victory for Celgene - Quinn Emanuel recently won an inter partes review (“IPR”) of a patent covering the active ingredient in firm client Celgene Corporation’s (“Celgene”) blockbuster cancer therapy,...more

Fourth Circuit Holds Arbitration Agreement May Not Waive All Federal Statutory Rights

This week, the Fourth Circuit interpreted SCOTUS’s Italian Colors decision as precluding the waiver of federal statutory rights in an arbitration agreement.  In this sequel of sorts, the Fourth Circuit interpreted a modified...more

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Uber, DirecTV and Beyond

Much of corporate America is determined to require consumers and employees to arbitrate disputes, including waiving their right to participate in class action lawsuits. ...more

SCOTUS’s Arbitration Docket Contracts

The actual and potential arbitration docket at the Supreme Court contracted in the last week due to three events. First, SCOTUS made quick work of an appeal from the Hawaii Supreme Court. Remember when I predicted that...more

When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.

In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the...more

Avoiding ERISA Medical Treatment Class Actions with Arbitration Provisions?

Insurers are getting hit with more class actions regarding the denial of medical treatments, like behavioral therapy treatments for autism spectrum disorders. These can be expensive: In May 2015 ConAgra Foods Inc. and Blue...more

U.S. Supreme Court Applies Concepcion In Reversing Order Finding Class Arbitration Waiver Unconscionable Under California Law

On December 14, 2015, the U.S. Supreme Court applied its landmark Concepcion decision and reversed a California appellate court’s ruling that an arbitration clause containing a class arbitration waiver was unenforceable under...more

DIRECTV v. Imburgia

Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration. At issue in this case was a service agreement entered into...more

Arbitration Wars: Supreme Court Continues To Affirm The Supremacy of the FAA

The United States Supreme Court recently reversed a decision by the California Court of Appeal wherein the state court refused to enforce a class action waiver in an arbitration agreement. The Supreme Court enforced the class...more

What the United States Supreme Court’s Decision in Direct TV v. Imburgia Means For Your Consumer Agreements and Arbitration...

Last week, the United States Supreme Court issued its opinion in Direct TV v. Imburgia, 577 U.S. ___ (2015). This decision is important for manufacturers of consumer products because it fortifies the ability to incorporate...more

Fenwick Employment Brief

Bag Checks for Apple Employees Not Compensable Time - Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for...more

Supreme Court Reiterates The FAA’s Preemptive Authority

On December 14, 2015, the United States Supreme Court in DIRECTV, Inc. v. Imburgia, 577 U.S. ___, No. 14-462, slip op. at 1 (Dec. 14, 2015), doubled down on its previous holdings that the Federal Arbitration Act (“FAA”)...more

Supreme Court Upholds Class Action Arbitration Waivers

Employers seeking to avoid costly and often hostile juries have increasingly relied upon mandatory arbitration agreements with employees. Under these provisions, the parties agree to submit any disputes involving the...more

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