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All articles tagged '"United States Supreme Court"'
81 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.
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
By Beth Graham - June 26, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.
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.
U.S. Supreme Court Decides American Express v. Italian Colors
By Beth Graham - June 20, 2013
Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).
U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
By Beth Graham - June 12, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.
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.
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
By Beth Graham - April 29, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. After a number of appeals, the Illinois Supreme Court held that Carter’s lawsuit could proceed despite that she signed the agreement to arbitrate.
How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act
By Beth Graham - March 11, 2013
Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration A
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
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