Arbitration, Class Action | JD Supra Law News

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - April 19, 2013

by BuckleySandler LLP on 4/22/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CREDIT CARDS - Excerpt from Consumer...more

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

by Sandra McCallion | Cohen & Gresser LLP on 4/12/2013

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Texas District Court Deems Arbitration Agreement Enforceable

by Jason F. Clouser, Michael S. Gordon | Katten Muchin Rosenman LLP on 4/3/2013

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...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

Second Circuit Mandates Arbitration For Title VII Class Action

by Mark Batten | Proskauer - Class & Collective Actions on 3/28/2013

The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...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

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

by Kelly Cullen, Sara Dionne, Jessica Perry | Orrick - Global Employment Law Group on 3/27/2013

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...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

Second Circuit Vindicates Concepcion in Gender Discrimination Case

by Sedgwick LLP on 3/26/2013

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California's Discover Bank rule, which had previously voided waivers of...more

Second Circuit Compels Individual Arbitration

by Russell Hirschhorn | Proskauer - ERISA Practice Center on 3/22/2013

The Second Circuit ruled today in Parisi v. Goldman, Sachs & Co. that a plaintiff was required to arbitrate her Title VII claim even though it would effectively preclude her from pursuing a class claim in federal court or in...more

Sutherland Case Reveals Problems In Applying Effective Vindication Of Rights Analysis To Class Action Waivers

by John Lewis | BakerHostetler on 3/19/2013

Introduction In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...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

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

by Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

Class Action Waivers And Arbitration Agreements - Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX...

by Ruth E. Hartman, John Lewis | BakerHostetler on 3/8/2013

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more

FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt...

by Lloyd B. Chinn, Patrick Lamparello, Adam Lupion | Proskauer Rose LLP on 3/7/2013

On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class...more

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

by Stephanie Fujarczuk, Christopher Naudie, Mary Paterson | Osler, Hoskin & Harcourt LLP on 3/6/2013

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

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Arbitration › Class Action