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Auto lessor waived arbitration rights 

Published: May 1, 2012

Tags: arbitration, consumer protection

An automobile lessor waived its right to enforce an arbitration clause in its lease agreement by actively participating in its lessee’s consumer protection lawsuit for four months before requesting a stay of proceedings, the California Court of Appeal has ruled in affirming judgment.

Employer can’t be forced to arbitrate class claims 

Published: May 1, 2012

Tags: arbitration, class actions, class arbitration

An employee who signed an arbitration agreement that neither authorized nor prohibited class arbitration can’t arbitrate her wage-and-hour disputes as part of a class, the California Court of Appeal has ruled.

CFPB opens public inquiry on use of arbitration clauses 

Published: April 26, 2012

Tags: arbitration, Consumer Financial Protection Bureau, mandatory arbitration

WASHINGTON – The Consumer Financial Protection Bureau wants to know what you think about arbitration clauses.

The Bureau kicked off an effort to study the effects of arbitration clauses in credit card agreements, mortgage contracts and other financial products by opening public comment on the issue.

Employer waived arbitration rights 

Published: April 2, 2012

Tags: arbitration, disability discrimination, retaliation

An employer waived its right to enforce an arbitration clause in its employee’s contract when sued for retaliatory discharge and disability discrimination, the New Jersey Appellate Division has ruled in reversing judgment.

Toyota can’t arbitrate sudden acceleration claims 

Published: March 27, 2012

Tags: arbitration, consumer protection, multi-district litigation

Toyota can’t compel the arbitration of class claims brought by customers who seek damages for diminution in the market value of their vehicles as a result of alleged defects that lead to incidents of sudden, unintended acceleration, a U.S. District Court in California has ruled.

Student loan arbitration clause enforceable 

Published: March 9, 2012

Tags: arbitration, AT&T Mobility v. Concepcion, class actions, consumer protection, Federal Arbitration Act, fraud, preemption, student loans

A student lender sued for fraud could enforce an arbitration clause in its loan agreements, the 9th Circuit has ruled reversing judgment.

Arbitration clause unenforceable under state law 

Published: March 8, 2012

Tags: arbitration, AT&T Mobility v. Concepcion, class action, consumer protection

Traditional state contract law applied to render unenforceable an arbitration clause in a title loan agreement, the Missouri Supreme Court has ruled.

Nursing home arbitration clauses may be enforceable 

Published: February 21, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, Federal Arbitration Act, nursing home, wrongful death

State courts could not categorically refuse to enforce arbitration clauses in the admission contracts of nursing homes sued for wrongful death, the U.S Supreme Court has ruled in a per curiam decision.

ARBITRATION 

Published: February 21, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, Federal Arbitration Act, nursing home, wrongful death

State courts could not categorically refuse to enforce arbitration clauses in the admission contracts of nursing homes sued for wrongful death.

See “Nursing home arbitration clauses may be enforceable”

U.S. Supreme Court. Marmet Health Care
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NLRB protects class actions, sends employers scrambling 

By: Kimberly Atkins
Published: February 9, 2012

Tags: arbitration, AT&T v. Concepcion, class actions, labor law, mandatory arbitration, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB, Supreme Court

WASHINGTON – Just when attorneys thought the issue of class action waivers in mandatory arbitration clauses had been settled by the U.S. Supreme Court once and for all, a National Labor Relations Board ruling has called into question employers’ ability to use arbitration clauses in employment contracts to prohibit class and collective actions.