Pendergast v. Sprint: Eleventh Circuit Holds That Federal Arbitration Act...
Since the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the Eleventh Circuit has consistently enforced agreements to arbitrate with class waivers. Earlier this week, it did so...
View ArticleSchnuerle v. Insight Communications: Kentucky Supreme Court Rejects...
In Schnuerle v. Insight Communications (pdf), the Kentucky Supreme Court joins a number of other courts in rejecting a key argument that the plaintiffs’ bar has been making in the wake of AT&T...
View ArticleCan Plaintiffs Dodge Concepcion By Arguing That They Need Class Actions To...
Since Concepcion, the plaintiffs’ bar has been searching for ways to avoid agreements to arbitrate on an individual basis. Because their efforts have largely failed so far, the new frontrunner is the...
View ArticleSupreme Court Poised To Decide Whether To Grant Certiorari In Major...
When the Supreme Court convenes for its private conference today, the Justices will consider whether to grant certiorari in a case presenting one of the most significant questions regarding the meaning...
View ArticleSupreme Court Grants Certiorari in American Express Arbitration Case
The Supreme Court has just granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133. Earlier today, my colleague Andy Pincus previewed the issue presented to the Court,...
View ArticleSupreme Court Grants Review in Class Arbitration Case, Oxford Health Plans...
Two years ago, the Supreme Court held “that a party may not be compelled under the [Federal Arbitration Act] to submit to class arbitration unless there is a contractual basis for concluding that the...
View ArticleSupreme Court Appears Poised To Reject Second Circuit’s Articulation of...
Yesterday, my colleagues and I attended oral arguments before the Supreme Court in American Express Co. v. Italian Colors Restaurant, No. 12-133, in which we submitted an amicus brief on behalf of...
View ArticleU.S. Chamber of Commerce Files Amicus Brief On Arbitration Issues In Key...
In the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues, including key questions about whether the...
View ArticleSupreme Court Rejects Challenge to Arbitration Agreements
The Supreme Court’s decision today in American Express Co. v. Italian Colors Restaurant (pdf), No. 12-133, eliminated the last significant obstacle to adoption of fair, efficient arbitration systems...
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