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AT&T Mobility v Concepcion Class Action Arbitration Waivers American Express

Mintz

Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements

Mintz on

In an abrupt but not unexpected reversal, the Massachusetts Supreme Judicial Court (SJC) has been forced to change its position on class action waivers in arbitration agreements in light of a new decision by the U.S. Supreme...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, Issue 7 July 2013 -- Supreme Court Buttresses Class Action Waivers

In its recent decision in Am. Express Co. v. Italian Colors Rest., 133 S. Ct. 2304 (2013), the U.S. Supreme Court further buttressed the use of class-action waivers in arbitration agreements, finding such waivers enforceable...more

Genova Burns LLC

U.S. Supreme Court alert: American Express Co. v. Italian Colors Restaurant

Genova Burns LLC on

Prior to its summer recess, the U.S. Supreme Court issued another decision concerning class arbitration which has implications for unionized and non-unionized employers with agreements to arbitrate workplace disputes....more

Nossaman LLP

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

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In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Mintz

Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict

Mintz on

When a person agrees to a contract that prohibits class-wide proceedings — whether in court or in arbitration — can a court refuse to enforce that contract because it would make no economic sense for an individual to spend...more

Carlton Fields

Supreme Court Once Again Upholds Class Arbitration Waiver

Carlton Fields on

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. v. Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Issues New Decision Addressing Application of Class Arbitration Waivers to Claims Brought under Federal Law

On June 20, 2013, the United States Supreme Court issued an opinion in American Express Co. v. Italian Colors Restaurant that reaffirmed the Court's landmark decision in AT&T Mobility v. Concepcion, a case that upheld the...more

Ballard Spahr LLP

Massachusetts Supreme Judicial Court Invalidates Class Action Waiver in Arbitration Provision

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Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more

Zelle  LLP

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

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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

Eversheds Sutherland (US) LLP

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

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

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