News & Analysis as of

Class Action Arbitration Waivers AT&T Mobility Arbitration Agreements

Benesch

Examining The Arbitration Clause Landscape Amid Risks

Benesch on

For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more

Benesch

Hoisted by Your Own (Pet)Arb Clause? New Developments in Mass Arbitration

Benesch on

For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more

Pierce Atwood LLP

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

Pierce Atwood LLP on

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

BakerHostetler

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

BakerHostetler on

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

Nossaman LLP

A Call to Action: AB 465 is a Game Changer for California Arbitration Agreements

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AB 465 is pending approval from Governor Jerry Brown. If approved, it will go into effect on January 1, 2016. Notably, AB 465 will prohibit California employers from requiring most individuals to enter into arbitration...more

Carlton Fields

California Supreme Court Upholds Consumer Contract Arbitration Provision Under California’s Unconscionability Framework

Carlton Fields on

In a dispute over the purchase of a car, the purchaser filed a class action in California against the car dealer, and the dealer moved to compel arbitration. The dealer invoked the arbitration agreement contained in the...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

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

Zelle  LLP

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

Zelle LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Proskauer - California Employment Law

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

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

Cohen & Gresser LLP

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Sheppard Mullin Richter & Hampton LLP

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

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

BakerHostetler

Courts Continue to Wrestle With Arbitration Issues

BakerHostetler on

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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