Ballard Spahr Obtains Ruling That FAA Preempts Pennsylvania Unconscionability Law On Class Action Waivers

By the Consumer Financial Services Group In the first opinion to address the issue following the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion , a Pennsylvania federal district court has held that the Federal Arbitration Act (FAA) preempts Pennsylvania law, refusing...

Ballard Spahr LLP: Concepcion Mandates Individual Arbitration Even When Statutory Rights Cannot Be Vindicated, 3rd Circuit Holds

By the Consumer Financial Services Group The U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (2011) [ enhanced version available to lexis.com subscribers ], obligates courts to compel individual arbitration even where the plaintiff has proven that doing so...

Ballard Spahr LLP: Supreme Court Rules That Severance Payments Are Subject To FICA Taxes

By Wendi L. Kotzen, Timothy F. McCormack, and Christopher A. Jones The U.S. Supreme Court has unanimously held that payments of supplemental unemployment benefits (SUB payments) are taxable wages subject to FICA tax withholding. The Court’s decision in United States v. Quality Stores, Inc. ...

Ballard Spahr LLP: Supreme Court’s Campaign Contribution Decision To Have Substantial Impact

By Joseph A. Kanefield, Brunn (Beau) Roysden, and Lindsay D. Breedlove | Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few, however, have addressed the decision’s impact...

Ballard Spahr LLP: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

By Burt M. Rublin and Jonathan E. Selkowitz The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the petition for a writ of certiorari...