Two recent opinions by the Ninth and Second Circuits illustrate that challenges to the enforceability of arbitration agreements have not been dampened by a string of pro-arbitration Supreme Court rulings in the last decade. ...more
This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to...more
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
In a 6-3 decision, the U.S. Supreme Court ruled today in favor of the enforceability of arbitration clauses, once again communicating the court’s enduring preference for the enforcement of arbitration provisions. Although...more
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