It’s not at all evident to me why SCOTUS felt the need to grant review of Lamps Plus, Inc. v. Varela. But it did. And the majority decision, authored by Chief Justice Roberts, did precisely what I think that everyone who looked at the case expected: it held that courts cannot find the necessary
classwide arbitration
Circuit Split Deepens Over Whether Arbitrators Should Decide Availability of Class Action
By Liz Kramer on
Posted in Class Arbitration
Today’s post concerns a perennially hot topic: class actions. In particular, do courts decide whether an arbitration agreement allows for class actions? Or do arbitrators? (Because, it turns out, there are actually some corporations who have not inserted class action waivers in their consumer contracts.) To date, four circuit courts have held that class arbitrability…
Arbitration Clauses Survive Their Contracts 99% Of The Time
By Liz Kramer on
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up.
In Huffman v. The Hilltop Cos., LLC, __ F.3d __, 2014 WL 1243795 (6th Cir. March 27, 2014), a class…