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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 | 15 Aug 2011

11th Circuit weighs in on concepcion

As previously reported, in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers in arbitration agreements as unconscionable.

Article

Ballard Spahr LLP | USA | 12 Aug 2011

7th Circuit ruling affects state, state university challenges and appeals of TTAB decisions

A recent decision by the U.S. Court of Appeals for the Seventh Circuit has changed the calculus used by states and state universities when deciding how to challenge and appeal a determination by the Trademark Trial and Appeal Board (TTAB).

Article

Ballard Spahr LLP | USA | 20 Jun 2011

HHS changes annual limit waiver procedure for mini-med plans

On June 17, 2011, the U.S. Department of Health and Human Services (HHS) announced new procedures for health plans with limited benefits (including so-called “mini-med” plans) to obtain temporary waivers of the restrictions on annual dollar limits that were imposed by the Patient Protection and Affordable Care Act.

Article

Ballard Spahr LLP | USA | 2 May 2011

Supreme Court decides 3 more class action waiver cases, grants certiorari in CROA arbitration case

The U.S. Supreme Court today remanded three class action waiver cases for reconsideration in light of the landmark decision it issued last week in AT&T Mobility LLC v. Concepcion.

Article

Ballard Spahr LLP | USA | 27 Apr 2011

Supreme Court upholds class action waivers

Today, the U.S. Supreme Court, in a landmark decision, issued its long-awaited opinion in AT&T Mobility LLC v. Concepcion, holding 5 to 4 that the Federal Arbitration Act (FAA) preempts state laws that invalidate class action waivers in consumer arbitration agreements.

Article

Ballard Spahr LLP | USA | 24 Mar 2011

Fed finalizes clarifications to Reg Z credit card rules

The Fed has issued final Regulation Z amendments "to clarify and facilitate compliance" with the new Reg Z rules adopted in 2010 to implement the Credit CARD Act.

Article

Ballard Spahr LLP | USA | 22 Mar 2011

Maryland legislature seeks to ban class action waivers

Legislation that overwhelmingly passed the Maryland House of Delegates and is headed for consideration in the State Senate would deprive consumers, employees, and businesses of the opportunity to use arbitration as a forum for resolving disputes.

Article

Ballard Spahr LLP | USA | 10 Mar 2011

U.S. Supreme Court poised to consider whether CROA claims are subject to arbitration

It seems likely that the U.S. Supreme Court will soon resolve the conflict among the Circuits on whether claims brought under the Credit Repair Organizations Act (CROA) are subject to arbitration.

Article

Ballard Spahr LLP | USA | 9 Mar 2011

U.S. Supreme Court grants review of another arbitration case

Demonstrating once again its interest in issues arising under the Federal Arbitration Act, the U.S. Supreme Court has granted a petition for writ of certiorari to review a per curiam unreported opinion by the U.S. Court of Appeals for the Eleventh Circuit.