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Class Action › Mandatory Arbitration Clauses › AT&T Mobility v Concepcion

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Benesch

Examining The Arbitration Clause Landscape Amid Risks

Benesch on

For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more

McGuireWoods LLP

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Eversheds Sutherland (US) LLP

Forcing the Issue? California Supreme Court Opens Door for Challenges to Mandatory Arbitration Clauses

Eversheds Sutherland (US) LLP on

Consistent with the historical reluctance of California courts to enforce arbitration provisions in consumer contracts, on April 6, 2017, the California Supreme Court ruled that an arbitration provision that waived an...more

Proskauer - Minding Your Business

Proposed Legislation Would Set Back Corporations’ Use of Arbitration Clauses

Proskauer - Minding Your Business on

The Restoring Statutory Rights Act of 2016, sponsored by Democratic Senator Patrick Leahy, was sent to congressional committee on February 4, 2016 for consideration. The bill would place restrictions on companies’ use...more

Morrison & Foerster LLP

Struggle At The Supreme Court Over Arbitration Clauses

Morrison & Foerster LLP on

The U.S. Supreme Court returned to familiar territory last week in DirecTV Inc. v. Imburgia (argued Oct. 6, 2015): the enforceability of an arbitration clause in a consumer contract containing a class action waiver. But...more

Ballard Spahr LLP

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

Seyfarth Shaw LLP

Ninth Circuit Steals a PAGe from California Courts’ Playbook

Seyfarth Shaw LLP on

Since the California Supreme Court’s 2014 ruling in Iskanian v. CLS Transportation that claims under the Private Attorneys General Act (“PAGA”) are not subject to arbitration, California federal district courts have rejected...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Yesterday, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS...more

Proskauer - California Employment Law

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Proskauer - California Employment Law on

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme...more

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