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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.

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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Substitute arbitrator can hear consumer case 

Published: January 24, 2012

Tags: arbitration, class action, consumer protection, Federal Arbitration Act

A computer company sued for selling a defective product could enforce an arbitration clause in its customer agreement, even though the designated arbitrator was no longer available to hear disputes, the 3rd Circuit has ruled in reversing judgment.

Supremes signal continuing preference for arbitration 

By: Correy Stephenson
Published: January 18, 2012

Tags: arbitration, Credit Repair Organizations Act, CROA, Federal Arbitration Act

The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act.

Car buyers needn’t arbitrate life insurance claims 

Published: November 21, 2011

Tags: arbitration, class action, consumer protection, Federal Arbitration Act, life insurance, McCarran-Ferguson Act

Car buyers were not required to arbitrate class claims alleging that they incurred unearned charges in connection with their purchase of optional life insurance coverage, the Arkansas Supreme Court has ruled in affirming judgment.

High Court deals death blow to consumer class actions 

By: Kimberly Atkins
Published: May 2, 2011

Tags: class action waiver, consumer arbitration, Federal Arbitration Act, federal preemption, Supreme Court

Consumer class actions – called a vital tool for rectifying corporate wrongdoing by some, a scourge on American business by others – could be largely a thing of the past after a U.S. Supreme Court ruling giving companies broad authority to compel consumers to arbitrate disputes individually.

ARBITRATION 

Published: April 27, 2011

Tags: class arbitration, consumer arbitration, Federal Arbitration Act, preemption, Supreme Court

A state rule barring waivers of class-wide proceedings in consumer contract arbitration clauses is preempted by the Federal Arbitration Act.

See “FAA preempts state rule compelling class arbitration.”

U.S. Supreme Court. AT&T Mobility v. Concepcion, No. 09-893. April 27, 2011. Lawyers USA No. 993-2861.

FAA preempts state rule compelling class arbitration 

Published: April 27, 2011

Tags: class arbitration, consumer arbitration, Federal Arbitration Act, preemption, Supreme Court

A state rule barring waivers of class-wide proceedings in consumer contract arbitration clauses is preempted by the Federal Arbitration Act, the U.S. Supreme Court ruled.

Arbitration Act doesn’t preempt state anti-waiver rule 

By: Pat Murphy
Published: February 25, 2011

Tags: arbitration, Federal Arbitration Act, wage and hour

The Federal Arbitration Act does not preempt a state ruling that employees cannot waive administrative hearings of wage and hour disputes, the California Supreme Court has decided in reinstating a stay of arbitration.