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All articles tagged '"class action"'
91 articles found
‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
By Beth Graham - August 9, 2013
Professors Peter B. Rutledge, University of Georgia Law School, and Christopher R. Drahozal, University of Kansas School of Law, have authored a paper that uses empirical evidence to examine the effect the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion has had on arbitration clauses in business contracts.
Arbitration and Access to Justice: Economic Analysis
By Beth Graham - April 26, 2013
In a recent paper entitled "Arbitration and Access to Justice: Economic Analysis", University of Chicago Law School Professor Omri Ben-Shahar argues that mandatory arbitration clauses in contracts generally benefit most consumers. He also states that limiting access to arbitration in favor of a courtroom often provides an advantage to only the most elite consumers.
Second Circuit Sends Employment Discrimination Case to Arbitration
By Beth Graham - April 17, 2013
According to the Appeals Court, Supreme Court precedent required the three-judge panel to interpret the Federal Arbitration Act in such a way that favors an agreement to arbitrate even in cases that involve federal statutory claims. This holding is especially significant because the burden of proof regarding the alleged pattern of discrimination would have reportedly shifted to Goldman Sachs if the court had held that Parisi was allowed to pursue
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
FINRA Hearing Panel States FAA Preempts Rules Permitting Class Action Claims
By Beth Graham - March 6, 2013
A Financial Industry Regulatory Authority (FINRA) panel has stated broker-dealer Charles Schwab may enforce a class action waiver included in its customer arbitration agreement despite the existence of a FINRA rule that prohibits such waivers. According to the panel, the FINRA rule is preempted by the Federal Arbitration Act (FAA). In Department of Enforcement v. Charles Schwab & Company, Inc., No. 2011029760201, FINRA’s Enforcement Departmen
Oral Argument Transcripts Now Available for Amex v. Italian Colors Restaurant
By Beth Graham - March 5, 2013
Last week, the United States Supreme Court heard oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the Second Circuit addresses whether an arbitration clause that prohibits class action lawsuits is enforceable under the Federal Arbitration Act despite that it would compel arbitration of federal antitrust claims. It is the third time in three years the Supreme Court has considered the scope
SCOTUS to Consider Enforceability of Class Action Waivers in Arbitration Agreements
By Beth Graham - February 26, 2013
Tomorrow, the United States Supreme Court will hear oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the United States Court of Appeals for the Second Circuit addresses whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim. In the case, a number of small businesses, including Italian Colors R
Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule
By Beth Graham - February 18, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class Action Waivers, and the ‘Effective Vindication’ Rule,” Univ. of Texas Law, Public Law Research Paper No. 349. The paper is a preview of the issues before the United States Supreme Court in American Express Corp. v. Italian Colors Rest
Article | Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime
By Victoria VanBuren - September 19, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” 38 The Journal of Corporation Law __ (forthcoming 2013) on SSRN. The abstract is: Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unp
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