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Arbitration Agreements Class Arbitration

Fox Rothschild LLP

Assign Of Things To Come?

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In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and arbitrability. Defendant is an entity that...more

Locke Lord LLP

Class Arbitration - Two Cautionary Tales for Employers

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The Supreme Court’s 2018 decision in Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018), validated the use of class action waivers, providing employers with a valuable tool to preserve bilateral employment arbitrations...more

Mintz - Arbitration, Mediation, ADR...

Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)

In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent...more

Kilpatrick

SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Kilpatrick on

Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class arbitration...more

Kilpatrick

Sixth Circuit: incorporation of AAA Rules delegates “gateway” issue of arbitrability to the arbitrator

Kilpatrick on

Takeaway: We have written a number of articles about class arbitration. See, e.g., Fifth Circuit: arbitrator’s decision to conduct class arbitration cannot be vacated (May 11, 2020). A key issue is whether the parties’...more

K&L Gates LLP

Mass Arbitration, Más Problems: Class-Action Procedures May Guide Solutions to Issues in Mass Arbitrations

K&L Gates LLP on

Arbitration provides a lower-cost alternative to litigation. Yet, a growing predicament continues to penetrate the conversation surrounding arbitration: mass arbitration. On the one hand, no rational customer or employee...more

Carlton Fields

Fifth Circuit Suggests Question of Class Arbitrability Was for Arbitrator Not Court

Carlton Fields on

The Fifth Circuit has suggested that the question of class arbitrability was for the arbitrator, not the court, based on the language of the arbitration clause at issue. The court ultimately concluded, however, that it did...more

Mintz - Arbitration, Mediation, ADR...

Is the “Clear and Unmistakable” Hurdle for Delegation of Arbitrability Issues to an Arbitrator Uniform or Variable?

The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be...more

Proskauer - Law and the Workplace

5th Circuit: Arbitration Available for Employee’s Collective Action Claims

On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more

Mintz - Arbitration, Mediation, ADR...

The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration

If we needed a reminder of why the “delegation” question – i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated in the first instance by an arbitrator rather than by a court – is...more

Mintz - Arbitration, Mediation, ADR...

An "Affirmative" Contractual Basis to Permit Class Arbitration Is Required by Eighth Circuit

Under the Federal Arbitration Act (“FAA”), “a party may not be compelled . . . to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” Stolt-Nielsen S.A. v....more

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

Proskauer - Employee Benefits & Executive...

No Class Arbitration Available in PBM Case

The Eighth Circuit recently concluded that there was no contractual basis to conclude that a pharmacy benefit manager agreed to class arbitration with four pharmacies because the agreement did not use the word “class” or...more

Mintz - Arbitration, Mediation, ADR...

"Class Arbitration": Second Circuit Declines to Pull the Plug on Mechanism that SCOTUS Largely Scorns

“Class arbitration” signifies the utilization of the Fed.R.Civ.P. 23 protocol in an arbitration proceeding. A fundamental question among many concerning the legal viability of “class arbitration” is whether an arbitrator can...more

Kilpatrick

Second Circuit endorses class arbitration

Kilpatrick on

Takeaway: The concept of class arbitration has recently faced stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class...more

Carlton Fields

Second Circuit Finds Arbitrator Within Authority to Bind Absent Class Members to Arbitration

Carlton Fields on

In reversing a New York federal court, the Second Circuit found the arbitration was within the arbitrator’s authority in binding absent class members to class proceedings because, by signing the operative arbitration...more

K&L Gates LLP

The Shifting Currents of Arbitration: The Supreme Court of Texas Reverses Course, Holding That the Availability of Class...

K&L Gates LLP on

In 2004, the Supreme Court of Texas first addressed the issue of whether an arbitrator or a judge decides if an arbitration agreement permits (or prohibits) class arbitration....more

PilieroMazza PLLC

SCOTUS Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses

PilieroMazza PLLC on

For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court and Evolving Arbitration Jurisprudence

The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more

Burr & Forman

Fifth Circuit Holds That Class Arbitration is a Gateway Issue For Courts, Not Arbitrators

Burr & Forman on

The United States Court of Appeals for the Fifth Circuit recently joined other federal appellate courts finding that class arbitration is a “gateway” issue for judicial determination, not the arbitrator.  See 20/20...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Carlton Fields

Fifth Circuit Holds Propriety of Class Arbitration Is “Gateway” Issue for Courts

Carlton Fields on

The Fifth Circuit has joined a number of other circuits and concluded that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

Seyfarth Shaw LLP

It’s Easy to See: 20/20 a Clear Win for Employers in the Fifth Circuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a “gateway” issue for courts, not arbitrators, to...more

BakerHostetler

The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is a Gateway Issue for Courts, Not Arbitrators

BakerHostetler on

In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent “clear and unmistakable” language in the arbitration agreement to the...more

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