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Class Action Arbitration Waivers Jurisdiction

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Miller Canfield

US Supreme Court Clarifies Language Triggering Class-wide Arbitration

Miller Canfield on

A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more

Carlton Fields

Lights Out on Classwide Arbitration: The Supreme Court Rules in Lamps Plus That Ambiguity in Agreements Is Not Enough to Permit...

Carlton Fields on

Yesterday, the Supreme Court extended its prior rulings looking skeptically at the idea of classwide arbitration, holding that even when an agreement is “ambiguous” about the availability of classwide arbitration, such...more

Goodwin

Financial Services Weekly News - June 2017 #4

Goodwin on

Editor's Note - Happy Independence Day. “The United States is the only country with a known birthday. All the rest began, they know not when, and grew into power, they know not how... There is no “Republican,” no...more

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

The Practical NLRB Advisor - Issue 4, Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

BCLP

California High Court Rules that Contract Principles Govern Who Decides the Availability of Class Arbitration Under an Arbitration...

BCLP on

On July 28, 2016, in Sandquist v. Lebo Automotive, Inc., the California Supreme Court (the “Court”) held that the underlying arbitration agreement, as interpreted under California contract principles, should determine whether...more

McGuireWoods LLP

CFPB Proposes Banning Some Arbitration Clauses, Resurrecting Consumer Contract Class Actions

McGuireWoods LLP on

On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it is exploring a rulemaking to eliminate the use of certain arbitration agreements in consumer contracts that block consumers from...more

Carlton Fields

Eleventh Circuit Holds That Defendant Cannot Be Precluded From Asserting Its Arbitration Rights Against Future Class Members

Carlton Fields on

The Eleventh Circuit recently held that a district court lacked jurisdiction to determine, pre-certification, that a defendant’s waiver of its right to compel named plaintiffs to arbitrate their claims precluded it from...more

BakerHostetler

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

BakerHostetler on

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

BakerHostetler

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

BakerHostetler on

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

Ballard Spahr LLP

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

Ballard Spahr LLP on

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

Bilzin Sumberg

Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute Litigated By Bilzin Sumberg

Bilzin Sumberg on

On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in...more

King & Spalding

Recent Supreme Court Rulings on Class Actions

King & Spalding on

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more

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