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Class Action Dispute Resolution

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Hogan Lovells

UK reform of litigation funding – CJC issues Final Report recommending sweeping reforms

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The Civil Justice Council (“CJC”) is a statutory advisory public body tasked with reviewing the civil justice system and making recommendations on its development. Its Final Report responds to the previous government’s...more

Blake, Cassels & Graydon LLP

Cinq tendances récentes en matière de règlement des actions collectives au Québec

Les actions collectives constituent un mécanisme juridique essentiel au Québec, et les tendances récentes montrent une évolution marquée des modalités de règlement. Voici cinq principaux développements récents en matière de...more

Kilpatrick

California federal court compels arbitration based on a modified sign-in wrap agreement

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Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit allows putative class action to proceed after defendant fails to register arbitration clause with administrator

On May 21, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court’s denial of the defendant’s motion to compel arbitration in a lawsuit against a credit union over alleged improper fees charged to the...more

Jackson Lewis P.C.

Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

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On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures...more

Bennett Jones LLP

British Columbia Bill 4 Targeting Class Action Waivers and Arbitration Clauses Receives Royal Assent

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On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA)...more

Kilpatrick

5 Key Takeaways | Advertising Counseling, Substantiation, and Disputes 101

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Kilpatrick hosted a webinar on May 8, 2025, focused on advising lawyers about the legal issues involved with advertising claim substantiation and handling advertising disputes. The event featured Kilpatrick lawyers Barry...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

ArentFox Schiff on

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

Troutman Pepper Locke

Trends in Mass Arbitration

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Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment disputes. The American Arbitration Association (AAA) recently released data from...more

Warner Norcross + Judd

Spring Cleaning Your Dispute Resolution Terms and Conditions: Tips for Avoiding Mass Arbitrations

Warner Norcross + Judd on

Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more

Husch Blackwell LLP

Arbitration’s Double-Edged Sword: The Rise of Mass Claims

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In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

McGlinchey Stafford

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

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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

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

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Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

Proskauer Rose LLP

6 Reasons Why Arbitration Offers Equitable Resolutions

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On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

Bennett Jones LLP

British Columbia Bill 4 Targets Class Action Waivers and Arbitration Clauses

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On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA). Bill 4 passed second reading on March 3, 2025. If enacted as proposed,...more

Orrick, Herrington & Sutcliffe LLP

The Revival of Badie Arbitration Suits in Consumer Finance

Bilateral arbitration is under increasing attack. While businesses evaluate whether and how to update their arbitration clauses in light of the U.S. Court of Appeals for the Ninth Circuit's October decision in Heckman v. Live...more

Katten Muchin Rosenman LLP

The Latest Attack on Consumer Arbitration Agreements

The war against arbitration agreements continues apace. The latest volley comes from the U.S. Court of Appeals for the Fourth Circuit, Johnson v. Continental Finance Company, LLC, No. 23-2047 (4th Cir. Mar. 11, 2025). In...more

Miller Canfield

Court Upholds Mass Class Action Opt-Out Permitting Individual Arbitrations

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No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company,...more

Troutman Pepper Locke

Fourth Circuit Finds Unilateral Change-in-Terms Provision Rendered the Arbitration Agreement Illusory Under Maryland Law

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On March 11, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to compel arbitration in two class-action lawsuits. The decision potentially has far-reaching implications for the...more

Miller Canfield

Federal Appeals Court Upholds Arbitration Institution’s Authority to Consolidate Mass Arbitrations

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Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently held that such arbitrations...more

DLA Piper

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

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The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more

Blake, Cassels & Graydon LLP

Colombie-Britannique : Réforme de la protection des consommateurs visant à limiter certaines modalités contractuelles

Le 25 février 2025, le gouvernement de la Colombie-Britannique (le « gouvernement ») a présenté le projet de loi 4, intitulé Business Practices and Consumer Protection Amendment Act, 2025 (le « projet de loi »), dont...more

Sheppard Mullin Richter & Hampton LLP

Plaintiffs, Not Defendants, Must Initiate Arbitration

Arzate v. Ace American Insurance Company, — Cal. Rptr. 3d — (2025) began as a familiar case: plaintiffs signed arbitration agreements (“Agreement”) with their employer that contained a class action waiver. But when a dispute...more

Troutman Pepper Locke

Ninth Circuit Rejects Plaintiff’s Attempt to Contest Consolidation of Arbitration Claims

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On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more

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