Arbitration, SCOTUS | JD Supra Law News

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

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

Business Litigation Report -- April 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/15/2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...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

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

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

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

Legal Alert: Arbitration and Class Action Waiver Issues Again Before the Supreme Court

by Brendan Ballard, Wilson Barmeyer, Lewis Wiener | Sutherland Asbill & Brennan LLP on 2/28/2013

The U.S. Supreme Court heard oral argument yesterday in the first of two cases to be argued this term again raising questions regarding the enforceability of arbitration agreements and class action waivers. These cases...more

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/15/2013

A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more

U.S. government takes position on validity of class action waivers in arbitration agreements with CFPB on sidelines (for now)

by Alan S. Kaplinsky | Ballard Spahr LLP on 2/1/2013

On January 30, the United States filed an amicus brief in the U.S. Supreme Court supporting the Respondents in American Express Company v. Italian Colors Restaurant, No. 12-133, an extremely important case involving the...more

What To Watch At The Supreme Court In 2013

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/10/2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....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

Supreme Court Agrees To Hear Arbitration Case

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 12/28/2012

While the Supreme Court's decision to delve into the Defense of Marriage Act attracted front-page headlines, the Court quietly agreed the same day to resolve another case of perhaps greater direct import to employment law....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

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

by Fisher & Phillips LLP on 11/30/2012

This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

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Arbitration › SCOTUS

Promotion Of Arbitration In The 21st Century

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

Business Litigation Report -- April 2013

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

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

Second Circuit Vindicates Concepcion in Gender Discrimination Case

Supreme Court Hears AMEX Class Arbitration Case

Pro-Arbitration Ruling Likely from Supreme Court

Legal Alert: Arbitration and Class Action Waiver Issues Again Before the Supreme Court

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

U.S. government takes position on validity of class action waivers in arbitration agreements with CFPB on sidelines (for now)

What To Watch At The Supreme Court In 2013

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

Supreme Court Agrees To Hear Arbitration Case

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...

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

Bernstein Shur Business and Commercial Litigation Newsletter #22

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