C. Allen Garrett Jr.

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Seventh Circuit grants stay and expedited appeal of order requiring Samsung to pay initial arbitration fees for 36,000 claimants

In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and...more

12/27/2023 / Appeals , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Stays

SCOTUS displays short memory in rejecting the prejudice requirement for waivers of the right to arbitrate

Takeaway: In Morgan v. Sundance, Inc., --- S. Ct. ----, No. 21-328, 2022 WL 1611788 (May 23, 2022), the Supreme Court rejected the arbitration-specific rule requiring a finding of prejudice for a waiver of the right to...more

6/1/2022 / Arbitration , Arbitration Agreements , Employment Litigation , Federal Arbitration Act , Morgan v Sundance , Motion to Compel , SCOTUS , Waivers

Class arbitration is – almost – dead

Recently, the Supreme Court imposed yet another roadblock to class arbitration in Lamps Plus, Inc. v. Varela. Relying on Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., the Court ruled that ambiguous language in an...more

7/22/2019 / Arbitration , Arbitration Agreements , Class Arbitration , Federal Arbitration Act , Lamps Plus Inc v Varela

Reading between the lines: the Seventh Circuit’s recent class arbitrability ruling suggests a paradigm for squaring delegation...

Takeaway: In the wake of the U.S. Supreme Court’s continued vigorous enforcement of class action waivers, more and more corporate parties can be expected to include broad class action waivers in their contracts with consumers...more

11/26/2018 / Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Corporate Counsel , NLRA , NLRB

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