Class Action Arbitration Waivers, 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

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

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

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

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

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

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

Eighth Cicuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

by S. Jeanine Conley | BakerHostetler on 1/16/2013

In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases....more

Legal Alert: Eighth Circuit Requires Arbitration Of FLSA Claim And Rejects Board Decision In D.R. Horton

by John Allgood | FordHarrison on 1/16/2013

The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See...more

Eighth Circuit Permits Individual Arbitration of FLSA Claims

by Flyn L. Flesher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2013

The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v. Bristol Care, Inc., No....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

Fenwick Employment Brief - December 2012

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 12/19/2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...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

Supreme Court Will Now Hear Two Appeals Concerning Class Arbitration

by Leo Caseria, David R. Garcia | Sheppard Mullin Richter & Hampton LLP on 12/14/2012

On Friday, December 7, 2012, the Supreme Court granted certiorari in Oxford Health Plans LLC v. John Ivan Sutter MD, No. 12-135 to address whether the parties to an arbitration agreement authorize class arbitration when the...more

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Class Action Arbitration Waivers › Federal Arbitration Act