Tag Archives: arbitration

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

Photo of Sam CamardoBy Sam Camardo on Posted in Arbitration
In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The Supreme Court’s recent decision in DIRECTV, Inc. v. Imburgia, 136 S. Ct. 463 (2015) reinforces that defense, and assures that the … Continue Reading

Second Circuit Enforces Class Action Waiver in FLSA Case Under AMEX

Photo of John LewisBy John Lewis on Posted in Class Action Trends, Employment
Editors’ Note:  This post was previously published on Baker’s Employment Class Action blog, and is reprinted with permission. The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent.  The question was whether an employee could invalidate a … Continue Reading

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth The Wait

Photo of John LewisBy John Lewis on Posted in Antitrust, Arbitration, Class Action Trends
Co-author: Dustin Dow Editors’ Note: This post was originally published on Baker’s Employment Class Action blog, www.employmentclassactionreport.com, and is reprinted with permission. The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential recovery.  … Continue Reading

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Arbitration, Class Action Trends
Editors’ Note:  This post originally appeared in Paul’s blog, www.classactionblawg.com, and is reprinted with permission.  For additional insights into the Oxford Health Decision, please see John Lewis’s commentary at the BakerHosetler Employment Class Action Blog. The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket.  Today’s decision bucks what had been a … Continue Reading

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on Posted in Arbitration
Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133.  The case stems from the Second Circuit’s February 1, 2012 decision that American Express (“AMEX”) could not compel a putative class of merchants to arbitrate their … Continue Reading

Eighth Circuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

By Jeanine Conley on Posted in Arbitration, Class Action Trends
In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases.  In September 2011, Sharon Owen brought an action on behalf of herself and other current and former employees similarly situated, against her employer, … Continue Reading

Class Arbitration Waivers: Supreme Court to Hear AMEX Case

By Deborah Renner on Posted in Antitrust, Arbitration, Class Action Trends
On November 9, 2012, the Supreme Court granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133, on the following question:  “Whether the Federal Arbitration Act permits courts, invoking the ‘federal sustantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.”  … Continue Reading

Second Circuit Declines En Banc Review in AMEX Arbitration Agreement Case: A Donnybrook Over Class Action Waivers and Vindication of Federal Statutory Rights

Photo of John LewisBy John Lewis on Posted in Antitrust, Arbitration, Class Action Trends
Editors’ Note:  This post is a joint submission to Baker’s Class Action Lawsuit Defense and Employment Class Action blogs. On February 1, 2012, a two-judge panel of the Second Circuit reaffirmed its holding in an antitrust action brought against American Express (“AMEX”) that class action waivers involving federal statutory rights were unenforceable.  Largely based on … Continue Reading

Interview With Professor Mary Kay Kane

By Deborah Renner on Posted in Class Action Trends
Co-authored by: Matt Moody Editor’s note: This post is the first in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the … Continue Reading

Supreme Court Allows Arbitration Despite Non-Disclosure of a Customer’s Right to Sue

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Arbitration
The Supreme Court’s recent decision in CompuCredit Corp. v. Greenwood, 565 U.S. __, 132 S.Ct. 665, 181 L.Ed.2d 586 (2012), found that despite an act requiring a disclosure of a consumer’s “right to sue,” claims under the act would still be arbitrable absent clear congressional intent to the contrary. Plaintiffs held credit cards marketed and … Continue Reading

Class Arbitration: Supreme Court Holds That FAA Pre-Empts California Law on Unconsciounability of Arbitration Provisions

By Deborah Renner on Posted in Arbitration
In determining that the Federal Arbitration Act (“FAA”) preempted a California rule that rendered most class action waiver provisions in consumer arbitration agreements unconscionable, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) shed doubt on the continued viability of the class action device in the arbitration context.  Reasoning that … Continue Reading
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