The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a letter to Director Cordray suggesting a series of issues for Mr. Cordray to address in his prepared remarks at the CFPB’s field hearing on...more
In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more
4/8/2016
/ Article III ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Genesis Healthcare Corp. v. Symczyk ,
Mootness ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
Standing ,
TCPA
The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more
The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more
10/23/2015
/ Article III ,
Campbell Ewald v Gomez ,
Class Action ,
Collective Actions ,
Fair Labor Standards Act (FLSA) ,
Financial Institutions ,
FRCP 23 ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Mootness ,
Motion to Dismiss ,
Offer of Judgment ,
Putative Class Actions ,
Rule 68 ,
SCOTUS ,
Standing ,
Statutory Damages ,
Subject Matter Jurisdiction ,
Summary Judgment ,
TCPA
Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more
The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more
10/8/2015
/ Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Institutions ,
Mandatory Arbitration Clauses ,
SCOTUS ,
Small Business
Recently, Professor Jeff Sovern sent an email to the editor of the Consumer Financial Services Law Report commenting on an article we published in the August 9, 2015 issue of the Report titled, “CFPB Makes Consumer...more
In a recent blog post, Professor Jeff Sovern responded to our blog post indicating that the CFPB’s March 10, 2014 Arbitration Study strongly supports the industry’s view that consumers fare better in arbitration than...more
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
8/12/2015
/ Appeals ,
Arbitration ,
AT&T Mobility v Concepcion ,
Best Practices ,
CA Supreme Court ,
Class Action ,
CLRA ,
Corporate Counsel ,
Federal Arbitration Act ,
Injunctive Relief ,
Putative Class Actions ,
SCOTUS ,
Unconscionable Contracts
A new empirical study of approximately 5,000 American Arbitration Association (AAA) consumer arbitrations conducted between 2009 and 2013 purports to find a “repeat player” effect favoring companies that previous researchers,...more
The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more
The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more
2/11/2015
/ American Express v Italian Colors Restaurant ,
Arbitration ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS
The U.S. Court of Appeals for the 11th Circuit recently held that a class action was not mooted by the unaccepted offers of judgment made by the defendant to each putative class representative in the full amount of his or her...more
Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more
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
The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration...more
On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more
The U.S. Supreme Court today delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration agreements....more
In a rare unanimous decision on an arbitration issue, the Supreme Court upheld an arbitrator's ruling permitting the arbitration to proceed on a class-wide basis....more
In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more
Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more
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