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All articles tagged '"class action waiver"'
26 articles found
Sony Updates its Terms of Service Adding Class Arbitration Waiver
By Victoria VanBuren - October 5, 2011
As reported by WIRED, Sony recently revised its online Terms of Service and User Agreement. The move was prompted by the multiple security breaches of earlier this year in which hackers stole data from nearly 75 million Sony PlayStation customers. Section 15 of the revised agreement includes an arbitration clause with a class action waiver provision. Sony, however, provides for a right to op-out of the binding arbitration and class action waiver
AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision
By Victoria VanBuren - May 5, 2011
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of class-wide arbitration procedures. We thought you would like to read some interesting commentary about the opinion: AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in ar
Guest Post Part II.B | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - December 6, 2010
Part II.B: Section 2 Express Preemption – Purposive Analysis by Philip J. Loree Jr. I. Introduction In Part II.A, we considered a textual construction of Section 2’s savings clause and concluded that it supports AT&T Mobility’s position. This Part II.B examines the savings clause from a purposive interpretation and construction standpoint. For the sake of convenience, the term “purposive” or “purposivism” is used here as a convenient way to d
Guest Post Part II.A | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 29, 2010
Part II.A: Section 2 Express Preemption – Textual Analysis by Philip J. Loree Jr. I. Introduction Part I of this series (here) was published the day before the United States Supreme Court heard oral argument in AT&T Mobility, LLC v. Concepcion, No. 09-893 (blogged here, here, here and here). Now that the argument has taken place, and we have had a chance to review the transcript (here), and listen to the audio (here), it’s time to begin delvi
Supreme Court Hears Arguments in AT&T Mobility LLC v. Concepcion
By Beth Graham - November 10, 2010
The United States Supreme Court heard oral arguments Tuesday in AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit. AT&T concerns the applicability of state law unconscionability defenses to class arbitration exclusion clauses in consumer arbitration agreements. In the case, Vincent and Liza Concepcion sued AT&T in California over a charge of approximately $30 in connection with purchasing a ce
Supreme Court to Hear AT&T Mobility LLC v. Concepcion Today
By Beth Graham - November 9, 2010
The U. S. Supreme Court will hear AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit, today. In the case, the Court is asked to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning enforcement of an arbitration agreement on the availability of particular procedures when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to
Guest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 8, 2010
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones that do not inspire much in the way of intensive, ideological debate. Generally the Court’s arbitration-related cases fall into this latter category, though last term saw the Court decide 5-3 and 5-4 along ideological lines two politically controvers
Law Review Article | The Litigation-Arbitration Dichotomy Meets the Class Action
By Beth Graham - November 1, 2010
A forthcoming article entitled “The Litigation-Arbitration Dichotomy Meets the Class Action” by Vanderbilt Law Professor and Director of the Cecil D. Branstetter Litigation & Dispute Resolution Program Richard A. Nagareda makes some interesting and compelling arguments related to AT&T Mobility, LLC v. Concepcion, 09-893, a case set for argument before the U.S. Supreme Court on November 9th. The article examines two cases from
Second Circuit Eyes On Supreme Court, AT&T Mobility
By Beth Graham - October 14, 2010
A recent news story published in The AM Law Daily highlights an interesting arbitration case from the Second Circuit. The case involves a young attorney named Joshua Fensterstock who, after graduating with over $100,000 in student loans in 2003, consolidated his student loans in 2006 with Education Finance Partners (EFP), a student loan company serviced by Affiliated Computer Services (ACS). By August 2007, Fensterstock noticed that his loan bala
Eastern District of Texas Rules on Arbitration of Credit Accounts
By Beth Graham - October 11, 2010
According to the Eastern District of Texas, a change-of-terms provision in a credit card agreement does not defeat the parties’ mutual obligation to arbitrate. In Wynne v. American Express Co., 2:09-CV-00260-TJW, (5th Cir. Sept. 30, 2010), Todd Wynne brought deceptive trade practices, negligent misrepresentation and fraud claims against American Express (Amex), which alleged Amex’s representations regarding its “no pre-set spending limits”
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