As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more
8/8/2019
/ AL Supreme Court ,
American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Class Action ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Federal Arbitration Act ,
Jurisdiction ,
Motion to Compel ,
Rules of Appellate Procedure
The Eleventh Circuit has held that, absent express language to the contrary in the arbitration agreement itself, whether class arbitration is permitted under an arbitration agreement selecting American Arbitration Association...more
In a 5-4 decision along ideological lines, the Supreme Court has upheld a controversial tool used by employers to stop class action lawsuits before they start: contractual provisions requiring employees to bring individual...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve.
In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether...more
5/21/2018
/ Arbitration Agreements ,
Certiorari ,
Charitable Donations ,
Class Action ,
Class Arbitration ,
Cy Pres Funds ,
Due Process ,
Federal Arbitration Act ,
Federal v State Law Application ,
Frank v Gaos ,
Lamps Plus Inc v Varela ,
SCOTUS
As expected, yesterday the Consumer Finance Protection Bureau (CFPB) announced a proposed rule that would effectively ban class action waivers in pre-dispute arbitration agreements for a broad range of consumer financial...more