The long-running battle over collective action waivers in the arbitration clauses of employment agreements continues to rage in the Courts of Appeals. Two recent decisions (and the cert petitions filed in their wake) may well lead the Supreme Court to … Continue Reading
Charlotte litigation and regulatory partner Joshua Davey provides an update on the many varied comments submitted to the Consumer Financial Protection Bureau in response to the new rule it proposed in May prohibiting class action waivers in arbitration clauses.
Hat … Continue Reading
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 … Continue Reading
2013 did not offer the blockbuster docket in front of the Supreme Court that 2011 did, but that didn’t stop the Court from issuing a number of opinions whose effects will be felt for some time to come. In … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
A busy travel and work schedule this week means that today, I’m just going to point you to three cases with lessons class-action lawyers should be aware of. So, when defending your class actions, don’t forget:
- When removing under CAFA,
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), … Continue Reading