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Ninth Circuit finds revised class action ban in arbitration agreement unconscionable

Jorden Burt LLP
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USA
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December 21 2009

The Ninth Circuit Court of Appeals held that a "new twist" on the previously addressed issue of when an arbitration provision barring aggregation of individual claims is unconscionable did not command a new result

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

Third Circuit clarifies that Federal Arbitration Act does not necessarily preempt unconscionability challenges to class arbitration provisions

Jorden Burt LLP
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USA
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June 1 2010

In an unpublished disposition, the Third Circuit vacated an order compelling arbitration of a putative class action against Verizon Wireless based on Verizon's alleged unlawful imposition of administrative charges on class members' cell phone accounts

Arbitration clause in Ccomcast contract found enforceable

Winston & Strawn LLP
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USA
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June 21 2010

A Tennessee court recently compelled arbitration based on a clause contained in a revision to Comcast's subscriber agreement

Rumeli v. Republic of Kazakhstan (ICSID Case No. arb0516), Annulment Proceeding, Decision of the Ad Hoc Committee, March 25, 2010

King & Spalding LLP
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Kazakhstan
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November 17 2010

Kazakhstan sought the annulment of the Tribunal’s damages award on the basis that it was “inexplicable, being based on inconsistent, illogical or nonexistent reasons,” and that the Tribunal had failed to adequately state the reasons for its decision on the quantum of damages

In the courts

Arent Fox LLP
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USA
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November 15 2010

On November 9, 2010, the US Supreme Court heard oral argument in AT&T Mobility v. Concepcion, a case that pits the Federal Arbitration Act’s (FAA’s) statutory preference for enforcing arbitration agreements against state laws that strike down contractual arbitration clauses when they are deemed unconscionable

Supreme Court questions AT&T on wireless contract arbitration clause

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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November 12 2010

The eyes of the U.S. wireless and cable industries were focused on the U.S. Supreme Court on Tuesday as the high court heard oral arguments in a closely-watched case that involves the right of states to invalidate contract clauses that force subscribers to resolve grievances through binding arbitration

Federal district court in West Virginia approves arbitration agreement with class action waiver

Ballard Spahr LLP
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USA
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February 19 2010

A federal court in West Virginia has concluded that the arbitration agreement used by AT&T Mobility is valid and enforceable despite the agreement's ban on class actions

Court strikes down AT&T arbitration clause

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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September 5 2008

In a legal development touted by plaintiff’s counsel as “extremely important... not only for consumers in Washington State but throughout the country,” justices of the Washington State Supreme Court ruled unanimously that terms in AT&T’s customer service contract that force subscribers to resolve disputes through binding arbitration are “unconscionable” and violate provisions of state consumer protection law

U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts

Shook Hardy & Bacon LLP
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USA
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November 11 2010

The U.S. Supreme Court has heard oral argument this term in two cases with a potential impact on product liability law: Williamson v. Mazda Motor of Am., Inc., No. 08-1314 (U.S., argued November 3, 2010), and AT&T Mobility LLC. v. Concepcion, No. 09-893 (U.S., argued November 9, 2010

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Search results

Ninth Circuit finds revised class action ban in arbitration agreement unconscionable

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

Third Circuit clarifies that Federal Arbitration Act does not necessarily preempt unconscionability challenges to class arbitration provisions

Arbitration clause in Ccomcast contract found enforceable

Rumeli v. Republic of Kazakhstan (ICSID Case No. arb0516), Annulment Proceeding, Decision of the Ad Hoc Committee, March 25, 2010

In the courts

Supreme Court questions AT&T on wireless contract arbitration clause

Federal district court in West Virginia approves arbitration agreement with class action waiver

Court strikes down AT&T arbitration clause

U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts

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