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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: arbitration

Class Actions as ADR

Posted in Scholarship

 Houston law professor D. Theodore Rave’s new paper Settlement, ADR, & Class Action Superiority (forthcoming from the Journal of Tort Law) contains an interesting insight about class action practice: when you get right down to it, there is little functional difference between (1) a class action settlement, (2) an AT&T "gold-plated" arbitration clause, and (3) a customer… Continue Reading

The Puzzling Continued Existence of Class Actions – Grand Strategy and Arbitration Clauses

Posted in Scholarship

Both AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurants have been accused of bringing about the death of the class action. Few would question that these opinions have made it more difficult to casually sue cell phone or credit card companies. But past that fairly obvious conclusion, it’s not clear that these cases have… Continue Reading

No Right to Bring a Class Action – American Express Co. v. Italian Colors Restaurant

Posted in Motions Practice

 At the end of last week, the Supreme Court decided American Express Co. v. Italian Colors Restaurant, which further refined the Court’s approach to arbitration of class actions. Most importantly, it eliminated the "vindication of rights" exception to enforcing arbitration clauses. (That was the doctrine that held that a court need not compel arbitration of… Continue Reading

“Crowd-Classing” Arbitration

Posted in Scholarship

Cardozo Law Professor Myriam Gilles made her name as a class action scholar when, years before Concepcion, she identified (and publicized) the defense tactic of requiring potential plaintiffs to arbitrate their claims instead of bringing class actions.  Her latest paper, co-authored with Cardozo colleague Anthony Sebok is Crowd-Classing Individual Arbitrations in a Post-Class Action Era. It seeks… Continue Reading

Professor Gilles on Consumer-Friendly Arbitration Clauses

Posted in Motions Practice

 Professor Myriam Gilles holds the distinction of having called the arbitration issue earlier than almost any other academic.  So when she writes a follow-up, it’s well worth paying attention. That follow up is here, in her latest working paper, Killing Them with Kindness: Examining "Consumer-Friendly" Arbitration Clauses after AT&T Mobility vs. Concepcion. And her findings indicate… Continue Reading

A Tale of Two Arbitrations

Posted in Motions Practice

Those who argue that AT&T v. Concepcion killed the class action must be having an interesting January. Two of the more significant cases so far this year–Compucredit Corp. v. Greenwood (2012) and D.R. Horton, Inc. v. Cuda (NLRB 2012), have involved similar questions about when a defendant can move to compel arbitration in a class action. But… Continue Reading

The Ten Most Significant Class Action Cases of 2011

Posted in Certification

 This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action… Continue Reading