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Class arbitration waiver unenforceable 

By: Pat Murphy
Published: September 15, 2010

Tags: arbitration, class action waiver, class actions, consumer protection, unconscionability

A consumer lender could not enforce a class arbitration waiver in its loan agreement, the Missouri Supreme Court has ruled.

Supreme Court case could eviscerate consumer class actions 

By: Sylvia Hsieh
Published: August 31, 2010

Tags: arbitration, AT&T Mobility v. Concepcion, class actions, Federal Arbitration Act, preemption, Stolt-Nielson v. AnimalFeed International Corp., unconscionability, Wyeth v. Levine

Class action lawyers who represent consumers and employees are bracing themselves for the possible end of practice as they know it.

The cause of their anxiety: a U.S. Supreme Court case that has garnered little attention but could wipe out class actions involving consumer contracts or employment agreements that contain arbitration provisions.

Does federal law preempt state arbitration standard? 

By: Pat Murphy
Published: May 24, 2010

Tags: arbitration, Federal Arbitration Act, unconscionability

The U.S. Supreme Court has agreed to decide under what circumstances the Federal Arbitration Act preempts a state from conditioning the enforcement of an arbitration agreement on the availability of class-wide arbitration.