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Waiver of arbitration may be retracted after amended complaint is filed

  • Jenner & Block
  • -
  • USA
  • -
  • February 27 2012

The Eleventh Circuit held that a defendant bank that had previously waived its right to compel arbitration in connection with a consumer class action lawsuit and which had litigated the case for nine months could retract its waiver after plaintiff filed an amended complaint

Courts should stay, not dismiss, cases pending arbitration

  • Jenner & Block
  • -
  • USA
  • -
  • January 31 2012

The Eighth Circuit held that the district court erred when it dismissed a federal action without prejudice rather than staying it pending the completion of an arbitration

Second Circuit ruling expands applicability of FINRA arbitration to customers of underwriter of ARS auctions

  • Jenner & Block
  • -
  • USA
  • -
  • January 31 2012

On September 22, 2011, the United States Court of Appeals for the Second Circuit held that a purchaser of bond auction services from an underwriter, UBS Financial Services Inc

Injunctive relief claims are not subject to compulsory arbitration

  • Jenner & Block
  • -
  • USA
  • -
  • January 31 2012

A California district court found that consumers’ claims for injunctive relief challenging early cancellation fees were not subject to compulsory arbitration

Prior class arbitrations do not defeat local controversy exception

  • Jenner & Block
  • -
  • USA
  • -
  • January 31 2012

CAFA’s local controversy exception requires the district court to decline jurisdiction in cases in which the class action primarily involves parties from a single state and in which no other class action has been filed asserting the same or similar factual allegations during the three year period prior to the filing of the class action