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Arbitrators Arbitration Agreements Class Action

McGlinchey Stafford

Court Finds Arbitral Forum’s Decision to Consolidate Cases is Not a Gateway Arbitrability Question

McGlinchey Stafford on

The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

Womble Bond Dickinson on

Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

Carlton Fields on

With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Mayer Brown

JAMS Adopts New Mass Arbitration Rules and Fee Schedules

Mayer Brown on

For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and...more

Fenwick & West LLP

SCOTUS to Weigh Whether a Court or Arbitrator Should Decide if a Subsequent Agreement Narrows a Preceding Arbitration Agreement...

Fenwick & West LLP on

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Upholds Arbitration Provision Delegating Enforceability Determination to Arbitrator

In Brice v. Haynes Investments LLC, No. 19-15707 (9th Cir. Sept. 16, 2021), the Ninth Circuit considered an appeal by shareholders in Native American tribe-linked online lenders of a district court order denying the...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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Sister Circuits in Holding That Courts, not Arbitrators, Should Decide the Availability of Class Arbitration

In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more

Mintz - Arbitration, Mediation, ADR...

Eleventh Circuit Adjudicates the Delegation Issue with Respect to “Class Arbitrability” No Differently Than for Bilateral...

The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of “class arbitration” is very different from your uncle’s classic bilateral arbitration. (“Class arbitration” signifies...more

Bradley Arant Boult Cummings LLP

Be Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement...

The Eleventh Circuit has held that, absent express language to the contrary in the arbitration agreement itself, whether class arbitration is permitted under an arbitration agreement selecting American Arbitration Association...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of...more

Proskauer - Minding Your Business

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

Proskauer - Privacy & Cybersecurity

Class Actions and the Continued Significance of Arbitration Agreements

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Ballard Spahr LLP

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

Ballard Spahr LLP on

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

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