Class Arbitration

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

Arbitrational Trends -- Winter 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/5/2013

In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

by R. Bruce Allensworth, Andrew C. Glass, Roger L. Smerage, Robert W. Sparkes, III | K&L Gates LLP on 12/13/2012

The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to...more

U.S. Supreme Court to Decide Another Major Class/Collective Action Arbitration Case

by Duane Morris LLP on 12/12/2012

On December 7, 2012, the U.S. Supreme Court granted certification in Oxford Health Plans LLC v. Sutter, No. 12-135, 675 F.3d 215 (3rd Cir. 2012). In Oxford, the Third Circuit affirmed a decision that an arbitrator did not...more

Supreme Court To Clarify Key Issues Regarding The Permissibility Of Class Arbitration

by Lynne Hermle, Aubry Holland, David Prahl | Orrick - Global Employment Law Group on 12/11/2012

In the last several years, the enforcement of agreements to arbitrate disputes, whether between businesses or between businesses and their employees, has become a hotly contested issue in the courts. The U.S. Supreme Court...more

U.S. Supreme Court To Decide When Sufficient Contractual Basis Exists for Class Arbitration

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 12/11/2012

In another demonstration of its interest in resolving issues arising under the Federal Arbitration Act (FAA), the U.S. Supreme Court has agreed to hear a case that will decide what contractual language provides a sufficient...more

First Circuit Limits Ability To Avoid Class-Wide Arbitration

by Diane M. Saunders | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/17/2012

The First Circuit Court of Appeals recently issued a decision that has a significant impact on the ability of employers to avoid class-wide arbitration. In Fantastic Sams Franchise Corporation v. FSRO Association Ltd., the...more

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