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Pro-arbitration ruling likely from Supreme Court

Ballard Spahr LLP
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USA
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February 28 2013

Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel

Washington Supreme Court: FAA does not preempt state law prohibiting arbitration agreements in insurance contracts

Ballard Spahr LLP
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USA
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January 30 2013

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration

U.S. Supreme Court to decide when sufficient contractual basis exists for class arbitration

Ballard Spahr LLP
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USA
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December 10 2012

In another demonstration of its interest in resolving issues arising under the Federal Arbitration Act (FAA), the U.S. Supreme Court has agreed to hear a case that will decide what contractual language provides a sufficient basis for an arbitrator to order class arbitration

Pew report on checking account arbitration draws questionable conclusions

Ballard Spahr LLP
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USA
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December 3 2012

The Pew Charitable Trusts has released a report on the use of arbitration clauses by banks in checking account agreements

Mediation costs not recoverable by FDCPA plaintiff, 11th Circuit rules

Ballard Spahr LLP
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USA
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January 23 2012

A consumer who prevails in a lawsuit under the Fair Debt Collection Practices Act cannot recover the expenses of a court-ordered mediation, a federal appeals court has ruled

California Court avoids Concepcion by striking arbitration agreement without considering class action waiver

Ballard Spahr LLP
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USA
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November 14 2011

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible even after the U.S. Supreme Court’s landmark ruling in AT&T Mobility v. Concepcion, which held that state laws barring the enforcement of class action waivers in consumer arbitration agreements are preempted by the Federal Arbitration Act

Illinois Supreme Court invalidates consumer arbitration agreement that names NAF as sole administrator

Ballard Spahr LLP
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USA
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February 4 2011

On February 3, 2011, the Illinois Supreme Court held that Section 5 of the Federal Arbitration Act (FAA) would not, under the unique circumstances of the case before it, permit a court to appoint a substitute arbitrator or administrator after the National Arbitration Forum (NAF) ceased administering consumer arbitrations in July 2009

Ballard Spahr attorneys file amicus brief in 'AT&T Mobility LLC v. Concepcion'

Ballard Spahr LLP
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USA
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August 11 2010

In AT&T Mobility LLC v. Concepcion, Ballard Spahr attorneys Alan S. Kaplinsky, Jeremy T. Rosenblum, and Mark J. Levin submitted to the U.S. Supreme Court this week an amicus curiae brief on behalf of the American Bankers Association, American Financial Services Association, Consumer Bankers Association, Financial Services Roundtable, and California Bankers Association

Supreme Court rules on who decides validity of arbitration provision

Ballard Spahr LLP
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USA
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June 23 2010

Companies using arbitration in their consumer and employee contracts are urged to review those documents carefully in light of the U.S. Supreme Court decision on Monday in Rent-a-Center , West v. Jackson , No. 09-497 (June 21, 2010