AT&T Mobility v Concepcion, Class Action Arbitration Waivers

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

A Tale of Three Cases: California's Split Over Concepcion Continues

by Kirk Jenkins | Sedgwick LLP on 4/5/2013

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

California Court Rejects Class Action Waivers In Employment Arbitration Agreements

by Laura Reathaford | Proskauer - Class & Collective Actions on 4/2/2013

The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. ...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

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

Citing Concepcion, FINRA Panel OKs Class Action Waivers in Broker-Dealer Customer Arbitration Agreements

by Jessica R. Bogo, Sarah A. Good | Pillsbury Winthrop Shaw Pittman LLP on 2/28/2013

A Financial Industry Regulatory Authority (“FINRA”) hearing panel held that FINRA’s own rules prohibiting judicial class action waivers in broker-dealer customer arbitration agreements are preempted by the Federal Arbitration...more

Iskanian v. CLE Transportation: Will California Fall In Line On Class-Wide Arbitration Waivers? Legal Opinion Letter

by Kirk Jenkins | Sedgwick LLP on 2/26/2013

On September 19, 2012, the California Supreme Court granted the plaintiff’s petition for review of the Second District Court of Appeal’s decision in Iskanian v. CLE Transportation Los Angeles, LLC, 206 Cal.App.4th 949 (2012)....more

FINRA Panel Rules on Charles Schwab's Challenge to FINRA Rules Prohibiting Class Action Waiver Clauses

by Gregory Eisenreich | Barger & Wolen on 2/25/2013

In October 2011, Charles Schwab ("Schwab") began inserting into its customer Account Agreements a class action waiver clause....more

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/8/2013

On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more

Wisconsin Auto Title Loans v. Jones: Another Round in the Fight Over Concepcion and Federal Arbitration Act Preemption

by Eric Pearson | Foley & Lardner LLP on 2/7/2013

Last year, around this time in fact, we wrote about the Federal Arbitration Act and the effect of AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), on an argument under Wisconsin law about the unconscionability of an...more

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

by Jacquelyn Ferry | Proskauer - California Employment Law on 2/7/2013

Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class action claims, including claims for violations of the Consumer Legal Remedies...more

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

by Christopher M P Jackson | Cohen & Gresser LLP on 2/6/2013

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more

Arbitrational Trends -- Winter 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/5/2013

In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

by Andrea Brown, Daniel Corbett, Julie Totten | Orrick - Global Employment Law Group on 1/30/2013

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

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AT&T Mobility v Concepcion › Class Action Arbitration Waivers