Tag Archives: stolt-nielsen

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

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?

By Paul Karlsgodt on June 10, 2013 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

Third Circuit Distinguishes Stolt-Nielsen and Allows Class Arbitration

By Deborah Renner on April 4, 2012 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

By Paul Karlsgodt on March 17, 2012 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 February 2, 2012 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 January 16, 2012 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