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Article

Ballard Spahr LLP | USA | 26 Feb 2013

FINRA panel: brokerage firms may require individual arbitration of customers’ securities disputes

A Financial Industry Regulatory Authority (FINRA) Hearing Panel recently ruled that a national broker-dealer can enforce the class action waiver in

Article

Ballard Spahr LLP | USA | 12 Nov 2012

Arbitration on Supreme Court’s plate in American Express case

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".

Article

Ballard Spahr LLP | USA | 11 Sep 2012

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

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.

Article

Ballard Spahr LLP | USA | 14 Nov 2011

California Court avoids Concepcion by striking arbitration agreement without considering class action waiver

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible even after the U.S. Supreme Court’s landmark ruling in AT&T Mobility v. Concepcion, which held that state laws barring the enforcement of class action waivers in consumer arbitration agreements are preempted by the Federal Arbitration Act.

Article

Ballard Spahr LLP | USA | 25 Aug 2011

3rd Circuit: FAA preempts N.J. law on class action waivers

In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit has held that the Federal Arbitration Act preempts New Jersey law prohibiting the enforcement of class action waivers in certain small-dollar cases.

Article

Ballard Spahr LLP | USA | 23 Feb 2011

Florida court of appeal invalidates class action waiver in consumer arbitration agreement

A recent Florida appellate court opinion invalidating a class action waiver in an arbitration agreement underscores the need for companies to ensure that their consumer arbitration agreements include consumer-friendly features that will enable consumers to retain competent counsel to represent them in individual arbitrations.

Article

Ballard Spahr LLP | USA | 10 Nov 2010

U.S. Supreme Court holds oral argument in AT&T Mobility v. Concepcion

The U.S. Supreme Court held oral argument yesterday in AT&T Mobility v. Concepcion, the outcome of which could largely determine the future viability of consumer and employment arbitration

Article

Ballard Spahr LLP | USA | 23 Jun 2010

Supreme Court rules on who decides validity of arbitration provision

Companies using arbitration in their consumer and employee contracts are urged to review those documents carefully in light of the U.S. Supreme Court decision on Monday in Rent-a-Center , West v. Jackson , No. 09-497 (June 21, 2010).

Article

Ballard Spahr LLP | USA | 25 May 2010

U.S. Supreme Court grants review of class action waiver case

The U.S. Supreme Court has agreed to review a case that will decide whether the Federal Arbitration Act (FAA) preempts state court decisions holding that a class action waiver in a consumer arbitration agreement is unconscionable or otherwise violates state law.

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