News & Analysis as of

Arbitration Class Action Arbitration Waivers Oxford Health v Sutter

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 -
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

King & Spalding

Recent Supreme Court Rulings on Class Actions

King & Spalding on

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more

Spilman Thomas & Battle, PLLC

Using Class Action Waivers

The United States Supreme Court Gives Employers a Tool to Stave Off the Threat of Class Actions and Class Arbitrations - Earlier this year, in the Oxford Health Plans LLC v. Sutter and American Express Co. v. Italian...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

Dechert LLP on

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

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

Franczek P.C.

A Review Of The Supreme Court’s 2012-2013 Term

Franczek P.C. on

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

Ballard Spahr LLP

11th Circuit Affirms Arbitrator’s Class Ruling but Leaves Arbitrability Undecided

Ballard Spahr LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Sherman & Howard L.L.C.

Is Class Action Arbitration Available Under Agreement Covering Civil Actions?

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

McNees Wallace & Nurick LLC

Be Clear: Include Class Arbitration Waivers In Arbitration Clauses

The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions....more

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

Supreme Court Arbitration Jurisprudence—No Class Action If You Say So

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

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide