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All articles tagged '"class action"'
91 articles found
The Future of Class Arbitration Part II
By Renee Kolar - April 1, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.
The Future of Class Arbitration Part I
By Renee Kolar - March 31, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T v. Concepcion and Stolt-Nielsen v. AnimalFeeds, commentary addressed the possibility that class arbitration was dead.
Settlement, ADR, and Class Action Superiority
By Beth Graham - February 5, 2014
D. Theodore Rave, Assistant Professor of Law at the University of Houston Law Center, has authored Settlement, ADR, and Class Action Superiority, Journal of Tort Law, 2014, Forthcoming.
N. D. of Texas Refuses to Grant Nonsignatory Samsung’s Motion to Compel Arbitration in Mobile Phone Litigation
By Beth Graham - December 18, 2013
The Northern District of Texas has refused to grant mobile telephone maker Samsung’s motion to compel arbitration in a putative class-action lawsuit brought by a number of unsatisfied Sprint and Verizon wireless customers.
Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA
By Beth Graham - December 4, 2013
The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.
ND Texas Compels Would-Be FLSA Class Action to Arbitration
By Beth Graham - September 25, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration.
The Not-So-Effective Vindication Decision
By Beth Graham - September 19, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published, The Practice: The Not-So-Effective Vindication Decision: The U.S. Supreme Court's Ruling in Italian Colors and Its Aftermath Are a Big Blow to Class Action Bar, National Law Journal, Vol. 36, No. 2, p. 30, September 2013; U of Texas Law, Public Law Research Paper No. 517.
Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights
By Beth Graham - September 12, 2013
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles School of Law has published Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights, 61 UCLA Law Review Discourse 164 (2013); UCLA School of Law, Law-Econ Research Paper No. 13-12.
The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That
By Beth Graham - August 19, 2013
University of Texas School of Law Professor Linda S. Mullenix has published, The Court's 2012 Class Act: A Little Bit of This, a Little Bit of That, Preview of United States Supreme Court Cases, Vol. 40, No. 8, pp. 328-335 (Aug. 10, 2013); U of Texas Law, Public Law Research Paper No. 516.
SD Texas Holds Mediation Agreement May Not Reduce Statute of Limitations for Federal ADA, FLSA Claims
By Beth Graham - August 13, 2013
The Southern District of Texas has held that a class action waiver in a mediation agreement was enforceable, but a reduced statute of limitations was not.
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