News & Analysis as of

DirectTV Class Action Arbitration Waivers

Uber, DirecTV and Beyond

by JAMS on

Much of corporate America is determined to require consumers and employees to arbitrate disputes, including waiving their right to participate in class action lawsuits. ...more

High Court Again Finds a California Court Failed to Place Arbitration Agreements on Equal Footing With Other Contracts

by Littler on

On December 14, 2015, in DirecTV, Inc. v. Imburgia, the U.S. Supreme Court reversed a California State Court of Appeal decision that had invalidated an arbitration provision based on language from the agreement rendering the...more

Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming

by Seyfarth Shaw LLP on

As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition...more

U.S. Supreme Court Again Reverses California State Court on Arbitration

by Ballard Spahr LLP on

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

Supreme Court Reaffirms Arbitration Class-Waivers

by Burr & Forman on

The Supreme Court Monday re-affirmed the enforceability of class-waivers in arbitration agreements. The five-justice majority felt the need to rebuke the California courts for trying to end-run Federal preemption through a...more

The Supreme Court Reaffirms Enforceability of Class Arbitration Waivers, This Time Through the Supremacy Clause of the U.S....

by Foley & Lardner LLP on

In DIRECTV v. Imburgia, the Supreme Court reversed the California Court of Appeal, which held that a contractual class arbitration waiver was unenforceable under California law, even though the arbitration provision at issue...more

Supreme Court Disconnects Plaintiffs’ Attempt to Avoid Class Arbitration Waiver

by BakerHostetler on

In a 6-3 decision yesterday, the Supreme Court in DirecTV, Inc. v. Imburgia, 577 U.S. ___, S. Ct. (2015) reversed a decision of the California Court of Appeals that refused to enforce a class action arbitration waiver on...more

U.S. Supreme Court Rules That Federal Arbitration Act Pre-Empts CA Law Against Class Action Waivers

by Blank Rome LLP on

Action Item: The United States Supreme Court continues to find that federal law strongly favors arbitration clauses. The Supreme Court’s decision in DIRECTV should provide some reassurance to companies that arbitration...more

DIRECTV v. Imburgia: Supreme Court Again Preempts State Law That Barred Waiver of Classwide Arbitration

On December 14, 2015, the United States Supreme Court considered a contract provision preventing classwide arbitration and providing that, “[i]f the law of your state would find this agreement to dispense with class...more

Supreme Court’s DirecTV Decision Makes Odd Bedfellows

SNAP QUIZ-Which type of lawsuit would divide the Supreme Court Justices along the following lines? Justices Breyer, Roberts, Scalia, Kennedy, Alito and Kagan vs. Justice Thomas, Ginsburg and Sotomayor?...more

Supreme Court Confirms Enforceability of Class Action Waivers

by Carlton Fields on

For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps...more

Supreme Court Decides DIRECTV v. Imbrugia

by Faegre Baker Daniels on

On December 14, 2015, the Supreme Court of the United States decided DIRECTV v. Imbrugia, No. 14-462, holding that the Federal Arbitration Act (FAA) preempts a California court’s interpretation of a contract to require...more

SCOTUS Benchslaps Cali...Again

by Sherman & Howard L.L.C. on

Yesterday, the U.S. Supreme Court struck down a California Court of Appeals decision invalidating class action arbitration waivers. DIRECTV, Inc. v. Imburgia, (No. 14-462 December 14, 2015)....more

SCOTUS Finds California’s Contract Interpretation Skills Lacking In New Arbitration Decision

Just under the wire, SCOTUS released an arbitration opinion today, ensuring that 2015 would continue the string of years with cases interpreting the Federal Arbitration Act. In DIRECTV v. Imburgia, the Supreme Court found...more

United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

by Carlton Fields on

In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

SCOTUS Will Hear Arbitration Case in October Term

Just as I was beginning to worry that arbitration had fallen out of favor at the nation’s highest court… today the Supreme Court announced that it will hear the case of DIRECTV, Inc. v. Imburgia during its October Term, an...more

Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?

On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action...more

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