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12 results found

Article

Morrison & Foerster LLP | USA | 2 Sep 2011

Hello arbitration! Living in a post-Concepcion world

Following the Supreme Court’s recent decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (U.S. 2011), courts across the country have been bulldozing aside class action waivers as well as other remaining obstacles to consumer arbitration.

Article

Morrison & Foerster LLP | USA | 2 Jun 2011

Supreme Court resuscitates class action waivers

For the past few years, courts throughout the U.S. have repeatedly struck down class action waivers under state unconscionability law.

Article

Morrison & Foerster LLP | USA | 2 Jun 2011

Stolt-Nielsen doesn’t sway Second Circuit

On remand from the U.S. Supreme Court, and in a pre-Concepcion case, the Second Circuit didn’t budge from its original decision: A class action waiver is unenforceable when it would effectively shut down an action seeking to vindicate statutory rights.

Article

Morrison & Foerster LLP | USA | 11 Mar 2011

Class action waivers: where do things stand?

The future of class action waivers remains unclear.

Article

Morrison & Foerster LLP | USA | 1 Sep 2010

Dodd-Frank doodle

Congress might not have banned mandatory consumer arbitration altogether in the Dodd- Frank Act, but it dynamited a bunch of obstacles.

Article

Morrison & Foerster LLP | USA | 1 Sep 2010

Life after Stolt-Nielsen

We recently reported on the U.S. Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., No. 08-1198 (U.S. Apr. 27, 2010), in which the Court held that the Federal Arbitration Act does not allow class arbitrations absent an agreement between the parties in their arbitration clauses.

Article

Morrison & Foerster LLP | USA | 4 Jun 2010

New life for consumer arbitration

Consumer arbitration has been an important tool for controlling class action exposure, at least until the states began to fiddle and find waivers of class action clauses unconscionable.

Article

Morrison & Foerster LLP | USA | 2 Mar 2010

Ninth Circuit strikes again

In a proposed class action alleging that Dell designed, manufactured, and sold defective notebook computers, the Ninth Circuit struck down a class action waiver clause pursuant to which Dell had obtained an order from the district court compelling arbitration.

Article

Morrison & Foerster LLP | USA | 8 Dec 2009

Class action waiver enforced

In an action alleging that Chase improperly increased the interest rate charged on credit card balances, the Eighth Circuit reversed a finding that a class action waiver in a cardholder agreement was unconscionable.

Article

Morrison & Foerster LLP | USA | 8 Dec 2009

AT&T’s revised class action waiver found unconscionable

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.

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