In a very narrow decision today, the U.S. Supreme Court found that the Credit Repair Organizations Act (CROA) does not preclude the arbitration of consumer suits alleging violations of that Act. CompuCredit Corp. v. Greenwood, 565 U.S. ___ (2012). The 8-1 decision was written by (who else?) Justice Scalia, with a concurring opinion filed
legislation
You Don't Have To Arbitrate Your Dispute With The Moving Company
By Liz Kramer on
Posted in Validity of Arbitration Agreement
Just in time to participate in Arbitration Nation’s (unplanned) series on legislative nullification of arbitration agreements, the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts. Smallwood v. Allied Van Lines, Inc., ___ F.3d ___, 2011 WL 4927404 (9th Cir. 2011). The Ninth Circuit…
"I'm Good Enough, I'm Smart Enough, And Dog-gone It" I Don't Like Mandatory Arbitration
By Liz Kramer on
Minnesota Senator Al Franken, among others, responded to the Supreme Court’s Concepcion decision by introducing a bill called the Arbitration Fairness Act of 2011 (S.987, also in the House as H.R. 1873) last May, which would legislatively nullify arbitration provisions in various types of agreements. The Senate Judiciary Committee heard two hours of testimony on…