News & Analysis as of September 22, 2024

Unconscionable Contracts

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.

Proskauer - Advertising Law on 1/4/2016

In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the...more

U.S. Supreme Court Applies Concepcion In Reversing Order Finding Class Arbitration Waiver Unconscionable Under California Law

Carlton Fields on 12/28/2015

On December 14, 2015, the U.S. Supreme Court applied its landmark Concepcion decision and reversed a California appellate court’s ruling that an arbitration clause containing a class arbitration waiver was unenforceable under...more

DIRECTV v. Imburgia

Franczek P.C. on 12/28/2015

Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration. At issue in this case was a service agreement entered into...more

Arbitration Wars: Supreme Court Continues To Affirm The Supremacy of the FAA

Sheppard Mullin Richter & Hampton LLP on 12/23/2015

The United States Supreme Court recently reversed a decision by the California Court of Appeal wherein the state court refused to enforce a class action waiver in an arbitration agreement. The Supreme Court enforced the class...more

What the United States Supreme Court’s Decision in Direct TV v. Imburgia Means For Your Consumer Agreements and Arbitration...

Cozen O'Connor on 12/23/2015

Last week, the United States Supreme Court issued its opinion in Direct TV v. Imburgia, 577 U.S. ___ (2015). This decision is important for manufacturers of consumer products because it fortifies the ability to incorporate...more

Supreme Court Reiterates The FAA’s Preemptive Authority

Genova Burns LLC on 12/22/2015

On December 14, 2015, the United States Supreme Court in DIRECTV, Inc. v. Imburgia, 577 U.S. ___, No. 14-462, slip op. at 1 (Dec. 14, 2015), doubled down on its previous holdings that the Federal Arbitration Act (“FAA”)...more

High Court Again Finds a California Court Failed to Place Arbitration Agreements on Equal Footing With Other Contracts

Littler on 12/21/2015

On December 14, 2015, in DirecTV, Inc. v. Imburgia, the U.S. Supreme Court reversed a California State Court of Appeal decision that had invalidated an arbitration provision based on language from the agreement rendering the...more

United States Supreme Court Once Again Rejects California’s Attempt To Void Class Arbitration Waivers

Stoel Rives LLP on 12/21/2015

In DIRECTV, Inc. v. Imburgia, a decision released this week, the United States Supreme Court rejected the California Court of Appeal’s interpretation of a binding arbitration provision that would have rendered unenforceable a...more

Supreme Court to California Courts: You Can’t Ignore Us or the FAA

Seyfarth Shaw LLP on 12/18/2015

On Monday, the U.S. Supreme Court issued its highly-anticipated opinion in DirecTV, Inc. v. Imburgia et al., 577 U.S. ___ (2015), which reaffirmed its ruling in AT&T Mobility LLC v. Concepcion, 56 U.S. 333 (2011), dealing...more

U.S. Supreme Court Rules That Federal Arbitration Act Pre-Empts CA Law Against Class Action Waivers

Blank Rome LLP on 12/17/2015

Action Item: The United States Supreme Court continues to find that federal law strongly favors arbitration clauses. The Supreme Court’s decision in DIRECTV should provide some reassurance to companies that arbitration...more

Supreme Court Confirms Enforceability of Class Action Waivers

Carlton Fields on 12/16/2015

For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps...more

The Supreme Court Preview, Part II: Tuning Up Arbitration Clauses

Foley & Lardner LLP on 10/23/2015

This is the second post in our series “The Supreme Court Preview,” - California state and federal courts have a rocky history with the U.S. Supreme Court, as the highest court in the land has repeatedly reversed the...more

Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

Parker Poe Adams & Bernstein LLP on 10/12/2015

On October 1, the U.S. Supreme Court agreed to hear the appeal of a company whose mandatory arbitration agreements with its contractors were deemed invalid by California state courts. Once again, the Court will determine...more

Justices Take On Another California Rule – When an Arbitration Agreement Is Too Flawed to Enforce

BakerHostetler on 10/9/2015

The U.S. Supreme Court has agreed to review whether the Federal Arbitration Act (FAA) preempts a California state court rule on unconscionable provisions that is purportedly applied more stringently to arbitration agreements...more

Tennessee Supreme Court Holds That State Unconscionability Law Does Not Implicate Concepcion And Is Not Preempted By FAA

Carlton Fields on 10/8/2015

The Supreme Court of Tennessee reversed the lower courts’ rulings that a non-mutual arbitration provision in an installment contract on the sale of a manufactured home was unconscionable and unenforceable. In doing so,...more

California Legislature Targets Employment Arbitration Agreements

Proskauer - California Employment Law on 8/26/2015

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold...more

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

Ballard Spahr LLP on 8/12/2015

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

Clean-Up in Aisle 9: Ninth Circuit Finds Ralphs Grocery Company’s Arbitration Policy Unconscionable Under State Law Not Preempted...

Foley & Lardner LLP on 11/6/2013

As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility...more

Did You Know…The Continuing Saga Of Arbitration Agreements & Unconscionability

Nossaman LLP on 11/1/2013

In light of the United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court recently reversed its own prior decision where it had held that an arbitration agreement that requires an...more

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Supreme Court of the United States › Federal Arbitration Act › Unconscionable Contracts

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