Tag Archives: class arbitration waiver

Interview With Professor Mary Kay Kane

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

Third Circuit Distinguishes Stolt-Nielsen and Allows Class Arbitration

Despite all the predictions that class arbitration would be a thing of the past in the aftermath of the Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010), courts continue to distinguish Stolt-Nielsen and allow class arbitration.  In Sutter v. Oxford Health Plans LLC, 2012 WL 1088887 (3d Cir. … Continue Reading

Class Arbitration: Second Circuit Declines to Enforce Class Arbitration Waiver

Recent Supreme Court holdings appeared to have established that class action waivers in arbitration clauses were enforceable.  However, the Second Circuit, finding that recent jurisprudence inapplicable, held otherwise. On February 1, 2012, the Second Circuit yet again reaffirmed its decision that American Express could not compel a putative class of merchants to arbitrate their antitrust … Continue Reading

Class Arbitration May Not Be Imposed

The Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010) significantly narrows the circumstances in which plaintiffs may proceed in arbitration as a class, holding that courts may not impose class arbitration on parties whose arbitration clauses are silent on the issue.  The impact of the Supreme Court’s decision … Continue Reading

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

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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