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Article

Eversheds Sutherland (US) LLP | USA | 20 Jun 2013

Supreme Court forecloses vindication of rights challenge to class action waiver in arbitration provision

A court cannot invalidate a class action waiver in an arbitration agreement on the ground that it may leave a party unable to vindicate its statutory

Article

Eversheds Sutherland (US) LLP | USA | 28 Feb 2013

Arbitration and class action waiver issues again before the Supreme Court

The U.S. Supreme Court heard oral argument yesterday in the first of two cases to be argued this term again raising questions regarding the

Article

Eversheds Sutherland (US) LLP | USA | 3 Feb 2012

Second Circuit holds class action waiver unenforceable where individual arbitration would be prohibitively expensive

In a shot across the bow of recent Supreme Court precedent in favor of arbitration, the Second Circuit has held that a mandatory class action waiver in an arbitration provision is unenforceable where the plaintiffs established that the practical effect of enforcement of the waiver would be to preclude claims under federal antitrust statutes.

Article

Eversheds Sutherland (US) LLP | USA | 24 May 2011

The impact of AT&T Mobility v. Concepcion on financial services companies: inclusion of arbitration clauses in customer contracts and the impact of Dodd-Frank

On April 27, 2011, the U.S. Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) preempted California’s Discover Bank rule, which deemed unenforceable most mandatory consumer arbitration agreements that include class-action waivers.

Article

Eversheds Sutherland (US) LLP | USA | 28 Apr 2011

Supreme Court holds that the Federal Arbitration Act preempts state law limitations on arbitration agreements

In a much-anticipated decision regarding class actions and arbitration, the U.S. Supreme Court held on April 27, 2011, that the Federal Arbitration Act (FAA) preempts state contract law limitations on the enforceability of arbitration agreements.

Article

Eversheds Sutherland (US) LLP | USA | 10 Mar 2011

Second Circuit holds class action waiver unenforceable in American Express arbitration agreement despite the Supreme Court’s recent decision in Stolt-Nielsen

In May 2010, the Supreme Court directed the Second Circuit to reconsider its decision in In re American Express Litigation regarding the unenforceability of a class action waiver in light of the Supreme Court's decision in Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758 (2010).

Article

Eversheds Sutherland (US) LLP | USA | 10 Nov 2010

Supreme Court hears argument in significant consumer arbitration case

On November 9, 2010, the U.S. Supreme Court heard the much-anticipated oral argument in AT&T Mobility LLC v. Concepcion.

Article

Eversheds Sutherland (US) LLP | USA | 1 Jun 2010

Supreme Court to consider whether Federal Arbitration Act preempts state law limitations on arbitration agreements

On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability of arbitration agreements.

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