News & Analysis as of

Class Arbitration

Who Is Presumptively Authorized To Order Class Arbitration? Circuit Courts Weigh In

by Latham & Watkins LLP on

Recent circuit court decisions have strategic implications for companies facing potential class arbitration claims. Key Points: - The Eighth and Ninth Circuits both found in separate cases that the authority to...more

Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted,...

When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new...more

Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of...more

Second Circuit Vacates District Court Judgment in Sex Discrimination Case Permitting an Arbitrator to Certify a Class Including...

by BakerHostetler on

In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower court opinion that would have permitted an arbitrator’s certification of a...more

“Class Arbitration”: The Current Law

We recently began a series of articles in which we ask whether “class arbitration” — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable,...more

Oil And Gas Update For Week Ending 5/5/2017 – Attacks On Class Arbitration For Royalty Litigation In PA, TX Supremes Block Lease...

by Cozen O'Connor on

Oil prices based on the Brent Crude and West Texas Intermediate indices dropped significantly since our last report while natural gas spot prices rose slightly. The national rig count remains steadily climbing except that...more

Arguments for Class Arbitration with an Agreement That Doesn’t Mention It, Again Fail

by BakerHostetler on

The predicted demise of litigation over the availability of class arbitration has not taken place. And the new cases occur in many areas of the law. The most recent decision actually involves oil and gas leases rather than...more

Is “Class Arbitration” an Oxymoron?

“Class arbitration” — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive. Another view is that it is the Frankenstein’s monster of...more

Victory for Large Home Builders: South Carolina Federal Court Rejects Class Arbitration

by McNair Law Firm, P.A. on

On February 1, 2017, a federal district court in South Carolina ruled that a standard arbitration agreement between a national homebuilder and purchaser does not permit the purchaser to pursue class arbitration. This appears...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Employment Law This Week®: Sexual Orientation Bias, Religious Discrimination, At-Will Employment Provision, Class Arbitration

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question...more

Fourth Circuit Court Of Appeals Decides Issue Of Class Arbitrability Is A Question For The Court, Not Arbitrator

by Carlton Fields on

A South Carolina federal court dismissed a petition to compel class arbitration, reasoning “that whether the arbitration clause permits class arbitration is a simple contractual interpretation issue, and because the question...more

Fourth Circuit Finds Availability Of Class Arbitration Is Question For Courts, Not Arbitrators

Joining the Sixth and Third Circuit Courts of Appeals, the Fourth Circuit this week held that “whether an arbitration clause permits class arbitration is a gateway question of arbitrability for the court.” Dell Web...more

Third Circuit Rules Court Should Decide Class Arbitrability

by Blank Rome LLP on

Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class....more

CFPB Proposes Rules to Limit Arbitration Agreements in Consumer Financial Products

Last week, the CFPB announced two proposals related to the inclusion clauses that require arbitration to resolve all future disputes (“pre-dispute arbitration agreements”) in consumer financial products. The first proposal...more

Class Action Round-Up: Summer 2015

by Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

by BakerHostetler on

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in...more

United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

by Carlton Fields on

In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

NLRB Finds Mandatory Arbitration Clause Unenforceable

by Carlton Fields on

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

Arbitrators, Not Courts, To Decide Availability Of Class Arbitration Under Parties’ Agreement

by Carlton Fields on

A federal court in New York has held that arbitrators, not courts, should decide whether class arbitration is available under an arbitration agreement entered into between private parties. The court had previously compelled...more

CFPB’s Preliminary Report: Financial Consumers Can Only Avoid Arbitration By Using A Credit Union

Say it’s twenty degrees below zero outside, and you’d already seen boiling water turn into “snow” immediately upon making contact with the air, what would you do next? Assuming you were all caught up on your Words With...more

Reed Elsevier v. Crockett: Sixth Circuit Rules That Courts, Not Arbitrators, Decide Whether an Arbitration Agreement Allows...

by Reed Smith on

The United States Court of Appeals for the Sixth Circuit recently held that courts, not arbitrators, decide whether an arbitration agreement permits classwide arbitration, unless the parties clearly and unmistakably agreed...more

Class Arbitration “No Mere Detail”

by Sherman & Howard L.L.C. on

In a case likely to affect employer-employee arbitration agreements, one court has ruled that a court, and not an arbitrator, must determine whether ambiguous arbitration agreements cover class claims. Reed Elsevier, Inc. v....more

Sixth Circuit Holds That Whether An Arbitration Agreement Compels Classwide Arbitration Is A “Gateway Issue” For Court To Decide

by Benesch on

In Reed Elsevier, Inc. v. Crockett, No. 12-3574 (6th Cir. Nov. 5, 2013), the Sixth Circuit held that whether an arbitration agreement permits arbitration of a class action is a “gateway” issue to be decided by the courts and...more

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