Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference courts must show to arbitration awards. This blog is intended to be a resource for litigators, in-house counsel, arbitrators and anyone else who wants to stay on top of the many thorny issues that arise under the Federal Arbitration Act. Our Bloggers →

Latest Class Arbitration Posts

Circuit Split: Does Stolt-Nielsen Allow Class Arbitrations Based On Implicit Contract Interpretation?

By Liz Kramer | May 23 2012

Appealing Arbitration Decisions, Arbitration Rules/Procedures, Class Arbitration, Scope of Arbitration Agreement The Fifth Circuit just issued a decision openly disagreeing with how the Second Circuit has interpreted both the Stolt-Nielsen decision and case law regarding the level of deference that courts owe arbitrators.  In Reed v. Florida Metropolitan Univ., Inc., __ F.3d __, 2012 WL 1759298 (5th Cir. May 18, 2012), the...

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More Administrative Agency Actions on Arbitration

By Liz Kramer | May 18 2012

Arbitration Rules/Procedures, Class Arbitration, Validity of Arbitration Agreement A few months ago I posted about actions that FINRA and the NLRB were taking in support of allowing class arbitration, and those agencies have recently taken additional actions that help consumers or employees with relatively low dollar claims. The NLRB brought a complaint against 24 Hour Fitness USA, Inc.  The...

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Third Circuit Issues Reminder That Stolt-Nielsen Decision Does Not Preclude Class Arbitration

By Liz Kramer | April 11 2012

Appealing Arbitration Decisions, Arbitration Rules/Procedures, Class Arbitration, Litigation vs. Arbitration Although courts and practitioners may think of the Stolt-Nielsen decision as the death knell of class arbitration, the Third Circuit's ruling last week serves as a reminder that the Stolt-Nielsen did not deal a mortal blow.  In fact, in Sutter v. Oxford Health Plans LLC, __ F.3d __, 2012 WL 1088887 (3d Cir. April 3,...

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The Missouri Compromise: Precedent Finding Class Arbitration Waivers Unconscionable Is Vacated

By Liz Kramer | March 29 2012

Class Arbitration, Validity of Arbitration Agreement The Missouri Supreme Court just acknowledged that its 2010 decision, finding a class arbitration waiver was unenforceable under state law, is preempted by the FAA, pursuant to the rationale of Concepcion.  In Robinson v. Title Lenders, Inc., __ S.W.3d __, 2012 724669 (Mo. Mar. 6, 2012) and Brewer v. Mo. Title...

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Concepcion’s Continuing Domino Effect: Case Law in California, Washington, and Pennsylvania Preempted By FAA

By Liz Kramer | March 22 2012

Class Arbitration, Validity of Arbitration Agreement Three state law decisions relating to arbitration were toppled recently, based on application of the U.S. Supreme Court's preemption decision in Concepcion.  In Kilgore v. Keybank, __ F.3d __, 2012 WL 718344 (9th Cir. Mar. 7, 2012), the Ninth Circuit held that California case law, which precluded arbitration of...

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Rule-Making Comes To The Rescue of Class Arbitration

By Liz Kramer | February 9 2012

Arbitration Rules/Procedures, Class Arbitration, Scope of Arbitration Agreement, Validity of Arbitration Agreement A reasonable person may have thought that the Supreme Court effectively killed off class arbitrations with its decisions in Stolt-Nielsen and Concepcion, but at least two government agencies have recently made decisions that ensure financial consumers and employees can bring classwide claims in some...

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Another State Law Bites the Concepcion Dust

By Liz Kramer | September 9 2011

Class Arbitration, Scope of Arbitration Agreement, Validity of Arbitration Agreement In April, the Supreme Court struck down a common law rule in California that declared most consumer arbitration agreements void if they prohibit classwide arbitration of claims, holding that it was preempted by the Federal Arbitration Act.  AT&T Mobility, LLC v. Concepcion, 131S. Ct. 1740 ( 2011).  In the last...

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