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Ninth Circuit: injunctive relief claims relating only to past harms to a limited class are not exempt from arbitration
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- April 22 2013
Following the U.S. Supreme Court's decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held
CA law yields to FAA: class waiver in arbitration agreement not barred by CLRA
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- August 13 2012
Despite the U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion regarding the enforceability of arbitration agreements under the Federal Arbitration Act, plaintiffs in California have creatively argued that the FAA does not preempt certain state laws that expressly permit class actions
Second Circuit finds class action waiver deprived plaintiffs of antitrust protections
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- February 9 2012
Declining to enforce an arbitration clause on the grounds that the class action waiver effectively would preclude plaintiffs from enforcing their rights under the Sherman and Clayton Acts, the Second Circuit distinguished the U.S. Supreme Court’s recent pro-arbitration decisions in Stolt-Nielsen, Concepcion and CompuCredit, and instead relied on Green Tree Financial Corp. and other earlier U.S. Supreme Court decisions
Third Circuit finds no willful violation of FACTA for printing partial expiration date
- Pillsbury Winthrop Shaw Pittman LLP
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- USA
- -
- January 26 2012
The Third Circuit confirmed that, while the merchant’s printing of a partial credit card expiration date on the customer’s receipt violated the Fair and Accurate Credit Transactions Act, the merchant’s interpretation of Section 1681c(g)(1) of FACTA had been objectively reasonable
Option ARM with teaser rate disclosures potentially fraudulent under state law
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- September 13 2011
A California state court addressed for the first time whether a borrower can state claims under California law based on allegedly fraudulent Option ARM loan disclosures
Overly suspicious plaintiff's beliefs do not satisfy the reasonable consumer standard
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- July 25 2011
California's First District Court of Appeal held that a class action complaint did not state a cause of action because no reasonable consumer would interpret the green drop on Fiji water bottles to represent environmental superiority or a third party endorsement
Advisory-debate continues over class action waivers in consumer contracts
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- June 30 2011
Within days of the U.S. Supreme Court issuing its groundbreaking AT&T Mobility LLC v. Concepcion et ux. decision, clearing the way for class arbitration waivers in consumer agreements, industry publications speculated as to whether the Bureau of Consumer Financial Protection will act under the Dodd-Frank Act to undo Concepcion
US Supreme Court gives green light to class action waivers in consumer contracts
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- April 28 2011
On April 27, 2011, the U.S. Supreme Court, ruling in a five-to-four decision, in AT&T Mobility LLC v. Concepcion et ux., held that California's Discover Bank rulea rule that largely invalidated class action waivers in arbitration provisions in consumer contracts in California and other states following similar rulesis preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress
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