Arbitration, SCOTUS, Federal Arbitration Act

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

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

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

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

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

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

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

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Arbitration › SCOTUS › Federal Arbitration Act

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

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

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

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

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

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

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

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

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