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 addition, a number of other courts took bold steps to either support or constrain class
arbitration
The Puzzling Continued Existence of Class Actions – Grand Strategy and Arbitration Clauses
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…
No Right to Bring a Class Action – American Express Co. v. Italian Colors Restaurant
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…
“Crowd-Classing” Arbitration
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…
Professor Gilles on Consumer-Friendly Arbitration Clauses
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…
Don’t Forget – Three quick takes from last week’s cases
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, pay attention to continuing damages. In Leslie v. Conesco Life Ins. Co., 2012
…
A Tale of Two Arbitrations
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…
The Ten Most Significant Class Action Cases of 2011
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…
Bonus Concepcion Article – BNA Insight on Arbitration
BNA’s Class Action Litigation Report has published an article by yours truly that adapts this post about arbitration post-Concepcion and tries to add a little more scholarly rigor.
They’ve also graciously allowed me to make it available here, where you can find it suitable for downloading, printing, and stuffing in the stocking of…
The State of Class Action Arbitration – Six Months After Concepcion
The Supreme Court decided AT&T Mobility LLC v. Concepcion back in April, a decision that many scholars (and lawyers) have bemoaned as killing the class action. The hyperbole about the death of class actions (or their rebirth as shambling undead corpses) isn’t new, and it’s likely not merited. At the very least…