For class arbitration, consent in eye of the arbitrator 
By:
Kimberly Atkins
Published: June 12, 2013
Tags: class arbitration, Federal Arbitration Act, mandatory arbitration, U.S. Supreme Court
WASHINGTON – Ever since the U.S. Supreme Court cast a critical eye on classwide arbitration proceedings, holding in 2010 that the Federal Arbitration Act only authorizes class arbitration in cases in which the parties consented to it, lawyers and their clients were left with a crucial question: What constitutes consent?
It’s a question that split the circuits, but an answer seemed imminent when the justices took up and heard arguments in Oxford Health Plans LLC v. Sutter, which considered whether class arbitration is allowed under the Act when a contract is silent on its availability.
Some lawyers referred to the case as the “‘Son of Stolt-Nielsen,” referring to the court’s 2010 decision in Stolt-Nielsen v. AnimalFeeds International Corp., which established the consent requirement.
But the decision in Sutter turned out to be more of a stepchild.
Arbitration ruling gives power to arbitrators
By:
Kimberly Atkins
Published: June 10, 2013
Tags: class arbitration, Federal Arbitration Act, mandatory arbitration, U.S. Supreme Court
WASHINGTON — In a ruling that boosts the authority of arbitrators to interpret crucial contract provisions, the U.S. Supreme Court upheld an arbitrator’s decision to allow a plaintiff to bring a class-wide arbitration proceeding when the parties did not expressly agree to allow classwide relief.
Court once again ponders class arbitration waivers
By:
Kimberly Atkins
Published: February 27, 2013
Tags: antitrust, Federal Arbitration Act, mandatory arbitration, Sherman Act, U.S. Supreme Court
WASHINGTON – In the latest in a series of cases considering the enforceability of mandatory arbitration clauses that bar class proceedings, the U.S. Supreme Court is considering whether federal common law prohibits such agreements in some circumstances.
Debt adjuster can’t demand binding arbitration
Published: February 14, 2013
Tags: arbitration, AT&T Mobility LLC v. Concepcion, class action, consumer protection, Federal Arbitration Act, preemption
A debt adjuster could not enforce a binding arbitration clause in its service contract when sued by a customer for violating state consumer protection law, the Washington Supreme Court has ruled in affirming judgment.
‘Poison pill’ didn’t void arbitration clause
Published: January 17, 2013
Tags: arbitration, consumer protection, Federal Arbitration Act
A “poison pill” in an automobile purchase contract did not render an arbitration clause in the agreement unenforceable, the California Court of Appeal has ruled in affirming judgment.
Justices: Contract’s validity for arbitrator to decide
Published: November 26, 2012
Tags: arbitration, Federal Arbitration Act, noncompete, U.S. Supreme Court
The Oklahoma Supreme Court failed to follow the substantive law of the Federal Arbitration Act when it declared the noncompetition agreements in two employment contracts null and void, rather than leaving that determination to the arbitrator in the first instance, the U.S. Supreme Court has ruled in a per curiam decision.
Nursing home can’t enforce arbitration clause
Published: July 26, 2012
Tags: arbitration, Federal Arbitration Act, nursing home litigation
A nursing home sued for wrongful death could not enforce an arbitration clause in its admissions contract, the New Mexico Court of Appeals has ruled in affirming judgment.
Arbitration clause can’t be enforced in bankruptcy
Published: July 12, 2012
Tags: arbitration, breach of contract, Chapter 7, Federal Arbitration Act
Parties to a business contract could not enforce an arbitration clause against another party to the agreement who filed for bankruptcy protection in response to being sued for fraud, the 9th Circuit has ruled in affirming judgment.
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.
