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Caveat Empty Box

In a strong defense victory from earlier this year, the U.S. District Court for the Eastern District of California denied a proposed class of laptop purchasers the opportunity to proceed against Toshiba as a class, instead forcing individuals with complaints

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The Consequences of Not Invoking a Right to Arbitrate

A class action is brought against a company notwithstanding an arbitration provision in the company’s standard contract. The company does not move to compel arbitration, but begins litigating the matter in federal court. A second plaintiff brings an identical class

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Supreme Court Reverses Second Circuit, Upholds Class Arbitration Waiver

The Supreme Court today placed another nail in the class arbitration coffin, holding that a class action waiver is valid even if it effectively prevents a plaintiff from pursuing a federal antitrust case. In American Express Co. v. Italian Colors,

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Supreme Court Upholds Class Arbitration Order

The Supreme Court yesterday upheld an arbitrator’s decision that a contractual clause requiring that “all” disputes be submitted to arbitration authorizes classwide arbitration. But like many of the Court’s recent opinions in the class arbitration area, its latest ruling turns

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Supreme Court Update: 2013 Could Be a High-Water Mark for Class Action Developments

The 2012-13 Supreme Court term has been a hotbed of class action activity, with the justices set to decide at least half a dozen cases that will directly affect class action litigation. Although none of this term’s decisions is likely

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The Death of the Class Arbitration Waiver? Not So Fast…

Last month, the Second Circuit—for the third time, no less—struck down a class arbitration waiver in American Express’ card acceptance agreement with merchants. The latest decision, however, is particularly striking given that it follows, and vigorously distinguishes, the Supreme Court’s

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NLRB Strikes Down Class Arbitration Waiver

Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract. Now, however, the National Labor Relations Board has struck down a similar waiver in the employment context, holding that requiring employees to

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Supreme Court Upholds Class Arbitration Waivers in Consumer Contracts

In a broad ruling that is likely to have a significant adverse impact on consumer class actions, the Supreme Court today upheld the use of class arbitration waivers in consumer contracts, striking down a California common law rule declaring such

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Second Circuit Strikes Down Amex Class Waiver–Again

The Second Circuit this week, on remand from the U.S. Supreme Court, upheld its earlier decision that a class arbitration waiver in a contract between American Express and participating merchants is unenforceable under the Federal Arbitration Act. The case had

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Third Circuit: Class Arbitration Waiver Not Unconscionable in Employment Contract

The Third Circuit recently weighed in on class arbitration waivers in employment contracts, holding in the same opinion that (i) whether the parties agreed to the insertion of a class arbitration waiver into an existing arbitration policy is an issue

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