The U.S. Supreme Court returned to familiar territory last week in DirecTV Inc. v. Imburgia (argued Oct. 6, 2015): the enforceability of an arbitration clause in a consumer contract containing a class action waiver.
But this time there was a wrinkle. Arbitration proponents, who can cite a string of recent victories in this area, encountered a Supreme Court struggling with the proper role of federal courts in policing a state court’s refusal to send a consumer class action to arbitration based on state contract law principles.
Originally published in Law360, New York on October 14, 2015.
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