arbitration agreements

supreme-court-seal.pngBy  Gerald L. Maatman, Jr. and Jennifer A. Riley

This morning the U.S. Supreme Court issued its long-awaited decision in American Express Co. v. Italian Colors Restaurant, No. 12-133, 570 U.S. ___ (2013). The Supreme Court reversed the Second Circuit’s prior decision and held that merchants must arbitrate their antitrust claims on an individual, bilateral basis, even though the

Continue Reading Supreme Court Upholds Enforceability Of Class Action Waivers In Arbitration Agreements

supreme-court-seal.pngBy Rebecca Bjork, Dan Blouin, and Gerald L. Maatman, Jr.

This morning the Supreme Court of the United States heard oral argument in American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S.), on whether an arbitration agreement containing a class action waiver can be void on the ground that a litigant has shown that it would

Continue Reading Supreme Court Argument In American Express Co. v. Italian Colors Restaurant

1st_Circuit_seal.pngBy Lynn Kappelman and Anthony Califano

In Awuah, et al. v. Coverall North America, Inc., No. 12-1301 (1st Cir. Dec. 27, 2012), the First Circuit reversed a district court’s ruling and ordered arbitration of workplace disputes for certain franchisees even though they had not signed, received, or reviewed an arbitration agreement. The First Circuit found that the district court had

Continue Reading First Circuit Rejects Heightened Notice Requirements And Enforces Workplace Arbitration Clause

gavel.jpgBy Jennifer Riley and David Ross

Many thought that the U.S. Supreme Court’s recent decisions in AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011), and CompuCredit Corp. v. Greenwood, 132 S.Ct. 665 (2012), had firmly established that private arbitration agreements with class action waivers were enforceable under the Federal Arbitration Act (“FAA”). However, the National Labor Relations Board

Continue Reading The Future Of Employment Arbitration In The Class Action Context Remains Uncertain As Controversial Cases Advance On Appeal

Co-authored by Brandon L. Spurlock and Alex S. Drummond

Since the U.S. Supreme Court’s ruling last year in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758 (2010), the battle lines are being drawn in federal courts over the extent to which employers can use workplace arbitration agreements to stay out of court proceedings and/or class actions.

Sutherland

Continue Reading The On-Going Judicial Debate Over Class Arbitration Of Employment Claims