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Arbitration American Express v Italian Colors Restaurant

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Lowenstein Sandler LLP

Arbitration Where You’re Not Expecting It

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In the decade since the Supreme Court decided AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011) and American Express Co. v. Italian Colors Restaurants, 570 U.S. 228, 233 (2013), arbitrability has become a threshold...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Dechert LLP

Arbitrable But Not Capricious: Ninth Circuit Upholds Arbitration Requirement Under ERISA

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In Dorman v. Charles Schwab Corp., the U.S. Court of Appeals for the Ninth Circuit held on August 20, 2019 that claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) can generally be subject to mandatory...more

Snell & Wilmer

The Ninth Circuit Reverses Itself and Enforces ERISA Mandatory Arbitration Clause

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A three-judge panel of the Ninth Circuit recently decided that Charles Schwab Corp. can require a proposed class action to arbitrate its claim that Schwab breached its fiduciary duties by including Schwab-affiliated...more

Mintz - Arbitration, Mediation, ADR...

Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not...

Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves...more

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

Baker Donelson

CFPB Wants to Prohibit Class Action Waivers in Arbitration Clauses

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Today, the CFPB announced its proposed rule that would prohibit class action waivers in arbitration clauses in contracts governing consumer finance products. While the proposal does not include a complete ban on all...more

Sheppard Mullin Richter & Hampton LLP

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

Burr & Forman

Arbitration Clauses Under Attack – Do They Harm Consumers?

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Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

McAfee & Taft

Arbitration policies for wage and hour claims

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As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

Ballard Spahr LLP

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

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The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...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

Cozen O'Connor

Third Circuit: Courts, Not Arbitrators, Decide Whether to Require Classwide Arbitration

Cozen O'Connor on

Recent Supreme Court precedent has clearly reinforced the validity of contractual class action/arbitration waivers. In AT&T Mobility v. Concepcion, the Court made clear that class action waivers are enforceable, even if...more

BakerHostetler

California District Court Rejects Shotgun Attacks on Arbitration Agreements

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Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine to recite in the manner of saying grace before invalidating an agreement,...more

Womble Bond Dickinson

Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

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In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time,...more

Gray Reed

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

Gray Reed on

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

Moore & Van Allen PLLC

What if the Agreed Upon Arbitrator No Longer Conducts Arbitrations? The North Carolina Court of Appeals Answers in Torrence

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Defining the power of arbitration agreements has been a hot topic at the federal and state levels for the past couple of years. In a recent post, we discussed two North Carolina Court of Appeals decisions that validated the...more

Ballard Spahr LLP

Tenth Circuit Rejects State Law Challenge to FAA Primacy

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In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more

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

Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?

In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as...more

Mintz - Employment, Labor & Benefits...

Sixth Circuit Court of Appeals Decision another Victory For Employers Seeking to Avoid Class Actions

Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and...more

Ballard Spahr LLP

California Courts Rule for and against Arbitration

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Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

Orrick - Employment Law and Litigation

Arbitration Wars: The California Supreme Court Strikes Back In Sonic II

On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In that 5 – 2 ruling, the...more

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

California Supreme Court Follows Concepcion But Allows Courts To Strike Down Unconscionable Arbitration Agreements

Sonic-Calabasas A, Inc. v. Moreno, No. S174475, (October 17, 2013): As expected following the recent decision by the Supreme Court of the United States interpreting the Federal Arbitration Act (FAA), the California Supreme...more

Manatt, Phelps & Phillips, LLP

Round 2: Arbitration Agreements v. California Supreme Court

Why it matters: Sonic-Calabasas A, Inc. v. Moreno (“Sonic II”) presents a mixed bag for employers. While the California Supreme Court reversed itself, acknowledging that the waiver of a Berman hearing is not per se...more

Sheppard Mullin Richter & Hampton LLP

Sonic Calabasas Is A Tactical Retreat From Supreme Court FAA Precedent

On October 17, 2013, in Sonic-Calabasas A, Inc. v. Moreno, the California Supreme Court issued a 73-page decision (excluding concurrence and dissent) that attempted to construe the U.S. Supreme Court’s recent Federal...more

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