Searching Content indexed under Arbitration & Dispute Resolution by Archis Parasharami ordered by Published Date Descending.
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Congress Votes To Invalidate CFPB's Anti-Arbitration Rule
The anti-arbitration rule issued by the Consumer Financial Protection Bureau in July is now just one short step away from elimination.
United States
25 Oct 2017
Eighth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Permits Class Arbitration
In a unanimous opinion, the US Court of Appeals for the Eighth Circuit joined the majority of appellate courts (including the Third, Fourth, and Sixth Circuits) in holding that the question of whether an arbitration agreement authorizes class arbitration is for a court, not an arbitrator, to decide, ..
United States
2 Aug 2017
Solicitor General Weighs In Against NLRB's Anti-Arbitration Rule
As many of our readers know, the Supreme Court will hear arguments next term in a trio of cases examining whether class waivers in employment arbitration agreements are enforceable under...
United States
23 Jun 2017
Supreme Court Will Review NLRB's Anti-Arbitration D.R. Horton Rule
Until recently, the D.R. Horton rule had been rejected by every appellate court to consider it—the Second Circuit, Fifth Circuit, and Eighth Circuit as well as the California and Nevada Supreme Courts.
United States
19 Jan 2017
The CFPB's Proposed Anti-Arbitration Rule
The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule.
United States
16 May 2016
Time To Prepare For The CFPB's Proposed Rule Imposing A De Facto Ban On Arbitration In The Consumer Financial Services Sector
The CFPB is about to issue a rule that, if it goes into effect, will effectively eliminate these arbitration programs.
United States
14 Apr 2016
Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide.
United States
5 Apr 2016
Supreme Court Holds That An Unaccepted Offer Of Judgment Doesn't Moot A Class Action
The district court denied this motion, but later granted summary judgment for Campbell-Ewald on the ground that Campbell-Ewald, as a naval contractor, enjoyed sovereign immunity. Gomez appealed, and the Ninth Circuit held that both Gomez's claim and the putative class claims remained live. The court of appeals also vacated the district court's sovereign immunity ruling.
United States
21 Jan 2016
Supreme Court Holds that Federal Arbitration Act Preempts California Court's Interpretation of Arbitration Clause
In AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act ("FAA") preempts state-law rules barring enforcement of an arbitration agreement if the agreement does not permit the parties to utilize class procedures in arbitration or in court.
United States
15 Dec 2015
Man Bites Dog: California Supreme Court unanimously rejects unconscionability challenge to consumer arbitration provision
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context.
United States
20 Aug 2015
Supreme Court Grants Certiorari To Address Interplay of Federal Arbitration Act And State-Law Savings Clause In Arbitration Agreement
As readers of this blog know, prior to the Supreme Court's decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration were unenforceable as a matter of state law.
United States
24 Mar 2015
NLRB Refuses To Yield On Anti-Arbitration Ruling Despite Near-Unanimous Rejection By Courts
Today is Halloween, an occasion when our thoughts turn to jack o'lanterns, ghosts, and zombies. We are particularly fascinated by zombies—the dead returned to life.
United States
3 Nov 2014
Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions.
United States
26 Aug 2014
Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
United States
16 Apr 2014
Fifth Circuit Overturns NLRB’s Anti-Arbitration D.R. Horton Ruling
We have frequently chronicled the ongoing efforts of the plaintiffs’ bar to circumvent the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, which held that the Federal Arbitration Act (FAA) requires the enforcement of parties’ agreements to resolve their disputes through individual arbitration rather than class or collective proceedings.
United States
5 Dec 2013
Will California Strike Again? The Latest Word From The California Supreme Court On Enforcing Arbitration Agreements
Here, the California Supreme Court expressly invoked the discredited form of "effective vindication" theory, stating that its new unconscionability test requires an arbitration agreement "to provide for accessible, affordable resolution of wage disputes" as measured by a comparison between the arbitral procedures and a state’s specified litigation or administrative procedures.
United States
30 Oct 2013
How To Draft Fair And Enforceable Consumer And Employee Arbitration Agreements
An insight on the issues related to dispute resolution.
United States
2 Jul 2013
Supreme Court Rejects Challenge To Arbitration Agreements
The Supreme Court’s decision today in "American Express Co. v. Italian Colors Restaurant", No. 12-133, eliminated the last significant obstacle to adoption of fair, efficient arbitration systems that increase access to justice for consumers.
United States
24 Jun 2013
Second Circuit Reverses Denial Of Individual Arbitration In Title VII Class Action
Since "Concepcion", the plaintiffs’ bar has been exhorting courts to recognize exceptions to its holding that courts may not refuse to enforce an arbitration agreement on the ground that it precludes class actions.
United States
26 Mar 2013
Supreme Court Appears Poised To Reject Second Circuit’s Articulation Of "Effective Vindication Of Federal Statutory Rights" Defense For Avoiding Class Arbitration Waivers
Yesterday, my colleagues and I attended oral arguments before the Supreme Court in American Express Co. v. Italian Colors Restaurant, No. 12-133, in which we submitted an amicus brief on behalf of business groups.
United States
6 Mar 2013
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