Tag Archives: class arbitration

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

Third Circuit Distinguishes Stolt-Nielsen and Allows Class Arbitration

By Deborah Renner on Posted in Arbitration, Class Action Trends
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 and Collective Actions in the Age of Globalization

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in International Class Action Law
Globalization has brought with it the growing problem of how to deal with mass disputes that transcend jurisdictional boundaries, as well as ever-increasing creativity among the members of the plaintiffs’ bar in bringing ever-larger class and mass actions.  There is no single global court or other forum for bringing international or cross-border civil disputes, let … Continue Reading

Class Arbitration: Second Circuit Declines to Enforce Class Arbitration Waiver

By Deborah Renner on Posted in Arbitration
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

By Deborah Renner on Posted in Arbitration
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
LexBlog