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
class action
The Missouri Compromise: Precedent Finding Class Arbitration Waivers Unconscionable Is Vacated
By Liz Kramer on
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 Loans, Inc.…
Rule-Making Comes To The Rescue of Class Arbitration
By Liz Kramer on
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 arbitrations.
FINRA, the Financial Industry Regulatory Authority, regulates all securities…
Another State Law Bites the Concepcion Dust
By Liz Kramer on
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 few weeks, two federal circuit…