News & Analysis as of

Class Arbitration Jurisdiction

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

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

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

Moore & Van Allen PLLC on

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

King & Spalding

Supreme Court Rules Class Arbitrations Must Be Explicitly Authorized

King & Spalding on

On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

Vedder Price on

In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

Carlton Fields

Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light

Carlton Fields on

In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract Language

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court. In its landmark Epic Systems...more

Vedder Price

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

Vedder Price on

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Upholds Individualized Arbitration Where Agreement Is Ambiguous on Issue of Class Arbitration

In a 2010 decision, Stolt-Nielsen S. A. v. Animalfeeds International Corp., the United States Supreme Court held that parties may not be compelled to submit to class arbitration under the Federal Arbitration Act (FAA) unless...more

Eversheds Sutherland (US) LLP

Lights out for class arbitration – Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses

Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more

Morgan Lewis

US Supreme Court Holds No Class Arbitration Absent Express Consent: Four Things to Know

Morgan Lewis on

The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more

Akerman LLP - HR Defense

U.S. Supreme Court Rules that Ambiguous Arbitration Agreements Do Not Authorize Class Arbitration

Ambiguous language in an arbitration agreement is not a sufficient basis for concluding a party has agreed to class arbitration, the U.S. Supreme Court ruled last week....more

Bass, Berry & Sims PLC

Supreme Court Rules on Enforcement of Class Arbitration

Bass, Berry & Sims PLC on

The Supreme Court ruled on April 24, 2019 that an arbitration agreement which is ambiguous as to whether the parties had agreed to class arbitration was insufficient to require a party to participate in class arbitration. ...more

A&O Shearman

Supreme Court Holds That Parties Must Unambiguously Consent To Class Arbitration

A&O Shearman on

On April 24, 2019, the United States Supreme Court, in a 5-4 decision authored by Chief Justice Roberts, held that an agreement ambiguous as to whether arbitration had been agreed for class claims as well as individual claims...more

Cozen O'Connor

Supreme Court Finds Classwide Arbitration Available Only When Clearly Set Forth in Contract

Cozen O'Connor on

On April 24, 2019, the U.S. Supreme Court issued a decision in Lamps Plus v. Varela that should be of interest to the maritime industry. Even though our industry has long relied upon mandatory arbitration clauses in its...more

Miller Canfield

US Supreme Court Clarifies Language Triggering Class-wide Arbitration

Miller Canfield on

A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more

Fox Rothschild LLP

Justices Limit Class Arbitration Absent Explicit Agreement

Fox Rothschild LLP on

Nearly a year after the U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis affirming the enforceability of class action waivers in arbitration agreements between employers and employees (our alert on the...more

Saul Ewing LLP

Supreme Court Rules Class Arbitration Not Allowed Unless Clearly Authorized

Saul Ewing LLP on

On Wednesday, April 24, 2019, the U.S. Supreme Court struck another blow to employees who seek to arbitrate class claims against their employer under employment arbitration agreements. ...more

Tonkon Torp LLP

Lights Out: Ambiguous Arbitration Agreement Cannot Compel Class Arbitration

Tonkon Torp LLP on

Employers' use of arbitration agreements continues to gain popularity. Arbitration provides the benefit of more relaxed procedural rules and effectively eliminates the parties' ability to appeal the arbitrator's final...more

Morrison & Foerster LLP

Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration

On April 24, 2019, the Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration...more

Cozen O'Connor

SCOTUS: Ambiguous Agreement Insufficient to Compel Class Arbitration

Cozen O'Connor on

In a 5-4 decision, the U.S. Supreme Court decided on April 24, 2019, that an arbitration agreement in an employment contract that was ambiguous as to the availability of class arbitration could not serve as the basis for the...more

FordHarrison

Supreme Court Says: Express Language Required to Arbitrate on a Class Basis

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Approximately one year ago, in Epic Systems Corp., the United States Supreme Court upheld the enforceability of mandatory arbitration agreements that prohibit employees from bringing employment claims on a class or collective...more

Sands Anderson PC

Supreme Court Closes the Door, Mostly, to Class Action Arbitrations

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Contracts around the country, concerning every manner of commercial transaction from employment matters to real estate acquisition to consumer purchases, increasingly include a requirement that disputes will be resolved...more

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