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Ninth Circuit applies Oregon law to find class action waiver unenforceable

Jorden Burt LLP
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USA
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May 1 2009

The Ninth Circuit recently concluded that a district court improperly dismissed a consumer class action pursuant to an arbitration agreement between a wireless provider and its customers, holding that the agreement’s class action waiver was unconscionable and therefore unenforceable under Oregon law

Judge invalidates AT&T arbitration clause, allows class action suit to proceed

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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May 29 2009

Customers of AT&T Mobility who claim they were forced to pay additional fees following AT&T’s 2004 merger with Cingular will be allowed to proceed with a class action suit against the company as a result of a federal district court ruling that invalidated arbitration provisions written into the AT&T subscriber contract

Appeals court rules against Cingular on arbitration

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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August 24 2007

Reversing a lower district court decision, the Ninth Circuit ruled that an arbitration clause appearing in service contracts signed by Cingular Wireless subscribers is “unconscionable” under California state law

Supreme Court refuses T-Mobile appeal in arbitration case

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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May 30 2008

T-Mobile USA and other mobile phone operators that add arbitration clauses to subscriber contracts were dealt a blow Tuesday by the U.S. Supreme Court, which let stand a series of lower court rulings that the Federal Arbitration Act (FAA) does not preempt the right of state authorities to allow class action suits against wireless carriers

Hong Kong Court of Appeal considers whether a contractual clause constitutes an agreement to arbitrate

Herbert Smith Freehills LLP
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Hong Kong
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February 14 2007

The case of PCCW Global Ltd (formerly Beyond the Network Ltd) v Interactive Communications Service Ltd (formerly Vectone Ltd) 2006 HKEC 2102, involved proceedings over alleged billing discrepancies in invoices in the sum of US$718,999.26 issued by Beyond the Network (Beyond) to Vectone for the provision of international telephone services

Ninth Circuit rules against AT&T in arbitration case

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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October 30 2009

Upholding a California district court ruling, the Ninth Circuit Court of Appeals decreed that a clause contained in the AT&T wireless service contract that requires customers to solve disputes through binding arbitration is unenforceable under California state law

Courts required to assess of their own motion whether terms fair under UTCCR 1999

Squire Sanders
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European Union, Spain, United Kingdom
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October 29 2009

In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive

Second Circuit’s finding that plaintiff waived the right to arbitrate is binding on the district court

Jorden Burt LLP
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USA
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April 7 2009

After Interdigital, Inc. (“Interdigital”) brought two suits against Nokia Corporation (“Nokia”) for patent infringement before the International Trade Commission and in the District of Delaware, Nokia petitioned the Southern District of New York for injunctive and declaratory relief and to compel arbitration pursuant to an arbitration clause contained in two contracts that allegedly licensed the patents to Nokia

AT&T’s revised class action waiver found unconscionable

Morrison & Foerster LLP
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USA
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December 8 2009

In a class action claiming that AT&T’s offer of a "free" phone to anyone who signed up for its service was fraudulent to the extent AT&T charged the new subscriber sales tax on the retail value of each "free" phone, the Ninth Circuit affirmed the denial of the telephone company’s motion to compel arbitration on the ground that the arbitration clause contains an unconscionable class action waiver

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

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Search results

Ninth Circuit applies Oregon law to find class action waiver unenforceable

Judge invalidates AT&T arbitration clause, allows class action suit to proceed

Appeals court rules against Cingular on arbitration

Supreme Court refuses T-Mobile appeal in arbitration case

Hong Kong Court of Appeal considers whether a contractual clause constitutes an agreement to arbitrate

Ninth Circuit rules against AT&T in arbitration case

Courts required to assess of their own motion whether terms fair under UTCCR 1999

Second Circuit’s finding that plaintiff waived the right to arbitrate is binding on the district court

AT&T’s revised class action waiver found unconscionable

Ninth Circuit finds revised class action ban in arbitration agreement unconscionable

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