AT&T Mobility, Arbitration Agreements

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

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

The Gentry Test On Enforceability Of Class Action Waivers In Arbitration Agreements Remains Good Law In California

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Franco v. Arakelian Enterprises, Inc., No. B232583 (Cal. App. 2d, November 26, 2012): In a recent decision by the Second Appellate District of California, the court held that the multifactor test set forth by the California...more

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

by Travis Anderson, Shannon Petersen | Sheppard Mullin Richter & Hampton LLP on 1/22/2013

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more

The Southern District Sends FLSA Claims To Arbitration

by James G. Ryan | Cullen and Dykman LLP on 12/21/2012

A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s...more

Reinsurance Redux - December 2012

by Braden A. Borger, Andrea P. Brockway, Amy S. Kline, Sean T. O'Neill, Caitlin M. Piccarello | Saul Ewing LLP on 12/18/2012

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

Courts Continue to Wrestle With Arbitration Issues

by Greg Mersol | BakerHostetler on 12/17/2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

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AT&T Mobility › Arbitration Agreements