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All articles tagged '"class arbitration"'
72 articles found
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.
2013 Disputing Featured Blog Posts on Mediate.com
By Beth Graham - January 6, 2014
Disputing has been a Featured Blog on Mediate.com since 2009. We are pleased to share our Mediate.com featured blog posts of 2013 with you here:
Sixth Circuit Relies on Recent Supreme Court Decision to Deny Class Arbitration
By Beth Graham - November 12, 2013
The United States Court of Appeals for the Sixth Circuit has held that a Texas attorney may not engage in class arbitration against the parent company of the legal research system LexisNexis.
Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration
By Beth Graham - July 18, 2013
University of Missouri School of Law Professor S.I. Strong has authored a timely paper entitled Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration, 30 Journal of International Arbitration __ 2013, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-15. In her article, Professor Strong describes the Spanish approach to collective consumer arbitration.
Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs
By Beth Graham - June 21, 2013
Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.
Supreme Court Upholds Class Arbitration Decision in Sutter
By Beth Graham - June 11, 2013
Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
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
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
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