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All articles tagged '"class arbitration"'
72 articles found
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 25, 2011
By S.I. Strong In an opinion that was seen as a victory for corporate America, the Supreme Court upheld the waiver on the grounds that the California law was inconsistent with the FAA. As a result, the Concepcions could not initiate class proceedings and were required to have their dispute heard in individual arbitration. On its face, the opinion presents itself as a run-of-the-mill statutory analysis. However, the underlying sense is that the ju
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
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 | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis [See Part I here. ] Because the only valid grounds for vacatur now recognized by the Supreme Court are those grounds found in Section 10 of the FAA, the above statements by the Supreme Court in AT&T Mobility show that the Court in effect was stating that an arbitral failure to at least attempt to apply the Federal Rules of Civil Procedure in the Court’s hypothetical example would constitute either “misbehavior&#
GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis Last week’s United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, 2011 WL 1561956 (U.S., April 27, 2011) no doubt will provide arbitration law commentators with ample fodder to debate merits the Court’s opinion as pertains not only to class arbitration but, also, related questions concerning federal preemption under the Federal Arbitration Act (FAA) and the “substantive federal law of ar
U.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
By Beth Graham - April 27, 2011
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Check back for more information on the case soon. Disputing‘s previous blog posted after the Court heard oral argument in the case is available here. Technorati Tags: law, ADR, arbitration
Law Review Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles
By Beth Graham - March 31, 2011
S.I Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles, Harvard Negotiation Law Review, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2011-07. In the article, Professor Strong discusses how class arbitration diffe
2010 Arbitration Case Law: U.S. Supreme Court
By Beth Graham - December 30, 2010
Today, Disputing continues its 2010 Year-End Highlights. The U.S. Supreme Court decided several cases related to arbitration this year: On April 27, the U.S. Supreme Court handed down its decision in Stolt-Nielsen v. AnimalFeeds, 08-1198. The Court held that “Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq.” On June 1, the Supreme
Southern District of Texas Compels Arbitration in Class-Wide Suit against AT&T
By Beth Graham - December 27, 2010
Last week, the Southern District of Texas compelled arbitration in a class-wide lawsuit filed against AT&T Mobility, LLC. In Johnson v. AT&T Mobility, LLC, No. 4:09-CV-4104, (S.D. Tex., December 21, 2010), an AT&T wireless customer, Johnson, filed a class action lawsuit on behalf of himself and all similarly situated AT&T customers in the State of Texas to recover state and local sales taxes paid on monthly fees for internet servi
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