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Putative Class Actions › Contract Disputes

Miller Canfield

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which...

Miller Canfield on

When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more

Akin Gump Strauss Hauer & Feld LLP

A U.S.-Style Regime for Class Action Litigation Looms Large in the EU

Akin Gump Strauss Hauer & Feld LLP on

Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more

Carlton Fields

Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable

Carlton Fields on

SquareTrade, Inc. (“SquareTrade”) sells protection plans for consumer products. Adam Starke (“Starke”) purchased a SquareTrade plan from Amazon to cover a CD player ordered from Staples....more

Proskauer - Employee Benefits & Executive...

Service Provider Not A Fiduciary In Negotiating Its Contract

Proskauer - Employee Benefits & Executive... on

A federal district court in Iowa dismissed a putative class action complaint brought by several 401(k) plan sponsors who alleged that Principal Life Insurance Company breached its fiduciary duties to the plans by charging...more

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