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Supreme Court of the United States › Federal Arbitration Act › AT&T Mobility v Concepcion

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Ballard Spahr LLP

California federal court denies arbitration motion in Ticketmaster case

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We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

McManis Faulkner

Is California’s McGill Rule Still Good Law?

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On June 28, 2019, the Ninth Circuit held in three separate cases that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) — otherwise...more

Manatt, Phelps & Phillips, LLP

Arbitration: Supreme Court Deals a Near Death Blow to Class Action Arbitration

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The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more

Ballard Spahr LLP

U.S. Supreme Court Illuminates Class Arbitration and FAA Appeal Issues

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In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more

Dorsey & Whitney LLP

U.S. Supreme Court Affirms (Again) the Validity of Class Action Waivers In Employment Arbitration Agreements

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In a widely anticipated decision, the United States Supreme Court issued a 5-4 decision today in Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; and National Labor Relations Board v. Murphy Oil USA, Inc., upholding...more

Foley & Lardner LLP

Supreme Court Ends the Debate and Upholds Class Action Waivers

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Welcome news for many employers rolled out of Washington, D.C. earlier this morning. The Supreme Court has ended a long-running debate over the enforceability of arbitration agreements with class action waivers in the...more

Orrick, Herrington & Sutcliffe LLP

The Gorsuch Nomination: The Return of the Business Friendly Court?

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Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Locke Lord LLP

Q&A on SCOTUS and Arbitration

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Q: Why has the Supreme Court of the United States taken more cases involving disputes over arbitration over the past decade or so and what does it mean for the insurance and reinsurance industry? Arbitration law used to...more

Proskauer - Minding Your Business

Proposed Legislation Would Set Back Corporations’ Use of Arbitration Clauses

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The Restoring Statutory Rights Act of 2016, sponsored by Democratic Senator Patrick Leahy, was sent to congressional committee on February 4, 2016 for consideration. The bill would place restrictions on companies’ use...more

Eversheds Sutherland (US) LLP

Class Action Report: 2010-2015

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Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. These decisions, the most...more

Orrick - Employment Law and Litigation

Justice Scalia’s Employment Law Legacy

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On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

Littler

NLRB Continues Attack on Class and Collective Action Waivers

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There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right...more

Proskauer - Advertising Law

When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.

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In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the...more

Carlton Fields

U.S. Supreme Court Applies Concepcion In Reversing Order Finding Class Arbitration Waiver Unconscionable Under California Law

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On December 14, 2015, the U.S. Supreme Court applied its landmark Concepcion decision and reversed a California appellate court’s ruling that an arbitration clause containing a class arbitration waiver was unenforceable under...more

Sheppard Mullin Richter & Hampton LLP

Arbitration Wars: Supreme Court Continues To Affirm The Supremacy of the FAA

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The United States Supreme Court recently reversed a decision by the California Court of Appeal wherein the state court refused to enforce a class action waiver in an arbitration agreement. The Supreme Court enforced the class...more

Genova Burns LLC

Supreme Court Reiterates The FAA’s Preemptive Authority

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On December 14, 2015, the United States Supreme Court in DIRECTV, Inc. v. Imburgia, 577 U.S. ___, No. 14-462, slip op. at 1 (Dec. 14, 2015), doubled down on its previous holdings that the Federal Arbitration Act (“FAA”)...more

Foley & Lardner LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Holds California Court of Appeal’s Interpretation of Arbitration Clause Preempted by FAA

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In DirecTV v. Imburgia, No. 14-462, 2015 U.S. LEXIS 7999 (December 14, 2015) the United States Supreme Court reversed a California Court of Appeal decision interpreting, and invalidating, an arbitration clause containing a...more

Akin Gump Strauss Hauer & Feld LLP

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

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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

Miller Canfield

Supreme Court Enforces Class Action Arbitration Waiver

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In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Foley & Lardner LLP

The Supreme Court Preview, Part II: Tuning Up Arbitration Clauses

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This is the second post in our series “The Supreme Court Preview,” - California state and federal courts have a rocky history with the U.S. Supreme Court, as the highest court in the land has repeatedly reversed the...more

Seyfarth Shaw LLP

Governor’s Pen Sends Anti-Employment Arbitration Bill to the Grave

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On October 11—his very last day to sign or veto bills—Governor Brown vetoed the much-feared Assembly Bill 465. AB 465 would have banned mandatory agreements to arbitrate Labor Code claims as a condition of employment. At...more

Morrison & Foerster LLP

CFPB Announces Intent to Commence Arbitration Rulemaking

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On October 7, the Consumer Financial Protection Bureau (CFPB) announced that it is considering two rulemaking proposals that would severely limit the use of pre-dispute arbitration clauses in consumer financial service...more

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