U.S. Chamber of Commerce files amicus brief on arbitration issues in key California Supreme Court case *

USA - May 20 2013
In the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues…

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Ninth Circuit narrows California exception to arbitration agreements, but puts off deciding whether FAA preempts the exception altogether *

USA - April 11 2013
Earlier today, the Ninth Circuit issued its en banc opinion in Kilgore v. KeyBank NA. The court had granted en banc review to decide whether the…

Co-authors: Andrew J. Pincus.

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Supreme Court reverses certification of antitrust class action where class failed to prove that damages could be determined on a classwide basis *

USA - March 27 2013
An important and recurring issue in class actions is whether a district court must consider particular merits issues when deciding whether to certify…

Co-authors: Kevin S. Ranlett.

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Supreme Court hears argument in class arbitration case, Oxford Health Plans v. Sutter *

USA - March 25 2013
The Supreme Court heard oral argument earlier today in Oxford Health Plans LLC v. Sutter, No. 12-135, on whether the Federal Arbitration Act ("FAA")…

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Second Circuit reverses denial of individual arbitration in Title VII class action *

USA - March 25 2013
Since Concepcion, the plaintiffs' bar has been exhorting courts to recognize exceptions to its holding that courts may not refuse to enforce an…

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