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Article

Pillsbury | USA | 1 Jul 2013

Supreme Court: class action waiver trumps federal statutory right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in

Article

Pillsbury | USA | 13 Aug 2012

CA law yields to FAA: class waiver in arbitration agreement not barred by CLRA

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.

Article

Pillsbury | USA | 9 Feb 2012

Second Circuit finds class action waiver deprived plaintiffs of antitrust protections

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.

Article

Pillsbury | USA | 28 Apr 2011

US Supreme Court gives green light to class action waivers in consumer contracts

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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