U.S. Supreme Court Agrees to Hear Class Arbitration Waiver Case: AT&T v....
Today, the U.S. Supreme court granted certiorari to AT&T Mobility v. Concepcion, No. 09-893. The Ninth Circuit opinion is available here. The question presented is: Whether the Federal Arbitration...
View ArticleU.S. Supreme Court Denies Cert to Tobacco Arbitration Case
Today, the U.S. Supreme Court denied certiorari to R.J. Reynolds Tobacco Company v. Montana, No. 09-911. The question presented was whether the Montana Supreme Court violated the Federal Arbitration...
View ArticleGUEST-POST | Possible Outcomes for Class Arbitration Waivers in Consumer...
[Ed. note: Following find interesting comments about AT&T v. Concepcion, a case pending before the U.S. Supreme Court. Read more about the case here. These comments were first posted at Paul...
View ArticleNew Arbitration Petition Before the U.S. Supreme Court
[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been...
View ArticleGUEST-POST | Professor Alan Scott Rau Comments on Rent-A-Center, West, Inc....
By Alan Scott Rau One really needs a few days to absorb the importance of cases like this—I know instant punditry is increasingly de rigueur, but I’m quite uneasy with it. Anyway, with that caveat, one...
View ArticleGUEST-POST | Rent-a-Center, West, Inc. v. Jackson and the Ongoing Assault on...
By James M. Gaitis With the issuance of the United States Supreme Court’s decision in Rent-a-Center, West, Inc. v. Jackson, the foundational principle of party autonomy in arbitration has suffered yet...
View ArticleGranite Rock v. Teamsters: U.S. Supreme Court Rules on Arbitrability
Last week, the U.S. Supreme issued its decision on Granite Rock v. Teamsters, No. 08-1214 , June 24, 2010. Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts, Justices...
View ArticleRent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration...
On June 21, 2010, the U.S. Supreme Court decided Rent-A-Center, West v. Jackson. The question presented was: Is the district court required in all cases to determine claims that an arbitration...
View ArticleArticle | Unresolved Questions in the Wake of the U.S. Supreme Court’s Class...
We came across the article Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International, by Robert E. Crotty from Kelley Drye...
View ArticleArticle | Writing Arbitration Clauses After Rent-A-Center, West
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two...
View ArticleSupreme Court News
The U.S. Supreme Court term is in full swing. Class-wide arbitration agreements have been a hot topic in the courts recently and the trend is continuing with the high court this fall. ADR news to...
View ArticleSupreme Court Issues Orders on Special Master Interim Report
On October 12, 2010, the United States Supreme Court issued orders in Montana v. Wyoming (No. 137, Original). The original jurisdiction water rights case was filed before the Court in early 2007 and...
View ArticleLaw Review Article | The Litigation-Arbitration Dichotomy Meets the Class Action
A forthcoming article entitled “The Litigation-Arbitration Dichotomy Meets the Class Action” by Vanderbilt Law Professor and Director of the Cecil D. Branstetter Litigation & Dispute Resolution...
View ArticleGuest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank...
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones...
View ArticleSupreme Court to Hear AT&T Mobility LLC v. Concepcion Today
The U. S. Supreme Court will hear AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit, today. In the case, the Court is asked to consider whether the...
View ArticleSupreme Court Hears Arguments in AT&T Mobility LLC v. Concepcion
The United States Supreme Court heard oral arguments Tuesday in AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit. AT&T concerns the applicability of...
View ArticleGuest Post Part II.A | AT&T Mobility, LLC v. Concepcion: Can Discover Bank...
Part II.A: Section 2 Express Preemption – Textual Analysis by Philip J. Loree Jr. I. Introduction Part I of this series (here) was published the day before the United States Supreme Court heard oral...
View ArticleGuest Post Part II.B | AT&T Mobility, LLC v. Concepcion: Can Discover Bank...
Part II.B: Section 2 Express Preemption – Purposive Analysis by Philip J. Loree Jr. I. Introduction In Part II.A, we considered a textual construction of Section 2’s savings clause and concluded that...
View ArticleSupreme Court Denies Cert in Manifest Disregard Case
On Monday, the U.S. Supreme Court denied certiorari in Certain Underwriters at Lloyd’s, London v. Lagstein, 10-534. The case sought to address whether a “manifest disregard of the law” standard of...
View Article2010 Arbitration Case Law: U.S. Supreme Court
Today, Disputing continues its 2010 Year-End Highlights. The U.S. Supreme Court decided several cases related to arbitration this year: On April 27, the U.S. Supreme Court handed down its decision in...
View ArticleLaw Review Article | I Could Have Been a Contender…
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative...
View ArticleGUEST-POST | 2010 U.S. Supreme Court and Fifth Circuit Activity Reports
By Don Philbin U.S. Chief Justice John Roberts released his sixth Year-End Report on the Federal Judiciary on New Year’s Eve. While most of the press coverage has turned on his discussion of judicial...
View ArticleArticle | Revelation and Reaction: The Struggle to Shape American Arbitration
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution,...
View ArticleArticle | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’...
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The...
View ArticleU.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented...
View ArticleU.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion,...
View ArticleGUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of...
By James M. Gaitis Last week’s United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, 2011 WL 1561956 (U.S., April 27, 2011) no doubt will provide arbitration law commentators...
View ArticleGUEST-POST PART II | AT&T Mobility, LLC v. Concepcion and the Bright Side of...
By James M. Gaitis [See Part I here. ] Because the only valid grounds for vacatur now recognized by the Supreme Court are those grounds found in Section 10 of the FAA, the above statements by the...
View ArticleU.S. Supreme Court Grants Certiorari to Consumer Arbitration Case
On May 2, 2011 the U.S. Supreme Court granted certiorari to yet another consumer arbitration case, CompuCredit Corp. v. Greenwood, No. 10-948. In Greenwood, the Ninth Circuit decided whether the word...
View ArticleAT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration...
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain...
View ArticleU.S. Supreme Court Denies Cert to Arbitration Case
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration...
View ArticleU.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v....
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009...
View ArticleCompuCredit Corp. v. Greenwood | Supreme Court Hears Oral Arguments
Last week, the U. S. Supreme Court heard arguments on CompuCredit Corp. v. Greenwood, 563 U.S. _ (2011). The question presented is whether claims arising under the Credit Repair Organizations Act, 15...
View ArticleU.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”)...
View ArticleU.S. Supreme Court Rules on KPMG LLP v. Cocchi
Today, the U.S. Supreme Court issued its opinion on KPMG, LLP v. Cocchi et al., 565 U. S. ____ (2011). Background and holding are as follows: In this case the Fourth District Court of Appeal of the...
View ArticleKPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny...
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the...
View ArticleU.S. Supreme Court Remands Class Arbitration Waiver Case
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S....
View Article2011 Arbitration Case Law | U.S. Supreme Court
Welcome to Disputing‘s 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme...
View ArticleU.S. Supreme Court Decides CompuCredit v. Greenwood
Yesterday, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The...
View ArticleSupreme Court Petition Filed Alleging Fraud at FINRA Arbitration
On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch...
View ArticleU.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for...
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims...
View ArticleIn Re American Express Merchants’ Litigation | The Meaning of AT&T Mobility...
Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir....
View ArticleU.S Supreme Court Considers Two Arbitration Petitions
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a...
View ArticleU.S. Supreme Court Grants Cert to Class Arbitration Case
Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the...
View ArticleClik here to view.
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over...
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the...
View ArticleClik here to view.
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J....
View ArticleClik here to view.
2012 Year-in-Review – SCOTUS Arbitration Case Law
During 2012, the U.S. Supreme Court decided several cases related to arbitration: On January 10, 2012, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit...
View ArticleClik here to view.
Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective...
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class...
View ArticleClik here to view.
SCOTUS to Consider Enforceability of Class Action Waivers in Arbitration...
Tomorrow, the United States Supreme Court will hear oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the United States Court of Appeals for...
View ArticleClik here to view.
Oral Argument Transcripts Now Available for Amex v. Italian Colors Restaurant
Last week, the United States Supreme Court heard oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the Second Circuit addresses whether an...
View Article
