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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

U.S. government takes position on validity of class action waivers in arbitration agreements with CFPB on sidelines (for now)

Ballard Spahr LLP
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USA
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February 1 2013

On January 30, the United States filed an amicus brief in the U.S. Supreme Court supporting the Respondents in American Express Company v. Italian

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

Arbitration on Supreme Court’s plate in American Express case

Ballard Spahr LLP
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USA
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November 12 2012

In a federal antitrust case brought by restaurant owners against American Express, the Supreme Court agreed on November 9 to decide "whether the Federal Arbitration Act permits courts, invoking the 'federal substantive law of arbitrability,' to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law claim"

Consumer advocates form "anti-arbitration" organization

Ballard Spahr LLP
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USA
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October 9 2012

A group of consumer advocates have formed a nonprofit organization that seeks through mass arbitration to undermine the effect of the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion

Second Circuit: online agreement did not bind plaintiffs to subsequent arbitration provision

Ballard Spahr LLP
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USA
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September 11 2012

Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there must be an enforceable "agreement" to arbitrate in the first place

Concepcion mandates individual arbitration even when statutory rights cannot be vindicated, Third Circuit holds

Ballard Spahr LLP
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USA
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August 28 2012

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), obligates courts to compel individual arbitration even where the plaintiff has proven that doing so would make it impossible to vindicate statutory rights, according to a non-precedential opinion issued August 22 by the U.S. Court of Appeals for the Third Circuit in Homa v. American Express Co

CFPB releases comments on arbitration study

Ballard Spahr LLP
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USA
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June 28 2012

Earlier this week, we shared the comment letter that was filed jointly by the American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable in response to the CFPB’s Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements

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