Litigation

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Ballard Spahr LLP: 11th Circuit Weighs In On AT&T Mobility v. Concepcion
Posted on 16 Aug 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group As previously reported , in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers... Read More

Duane Morris LLP: New Jersey Appeals Court Distringuishes Supreme Court Ruling On Arbitration Clauses Barring Class Action Lawsuits
Posted on 17 Aug 2011 by Duane Morris LLP

The New Jersey Appellate Division ruled-despite the recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion -that binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge if they... Read More

Supreme Court Finds Search Of Employees' Text Messages Was Reasonable
Posted on 22 Jun 2010 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A police department's search of the transcripts of its employees' text messages was reasonable and did not violate the employees' Fourth Amendment rights, the U.S. Supreme Court ruled June 17, reversing a... Read More

Supreme Court Hears Arguments In Health Care Class Arbitration Dispute
Posted on 25 Mar 2013 by Cheryl Keely

WASHINGTON, D.C. — The U.S. Supreme Court on March 25 heard oral arguments to address whether, in a dispute over a health insurer’s reimbursement of physicians’ claim, an arbitrator acted within his authority in determining that the... Read More

Supreme Court Hears Oral Argument In Credit Repair Organizations Act Suit
Posted on 12 Oct 2011 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 11 heard oral arguments debating whether the words "right to sue" in the Credit Repair Organizations Act (CROA) mean only that aggrieved parties may go to arbitration to settle... Read More

U.S. High Court: Arbitrator Must Decide On Validity Of Noncompete Agreement
Posted on 27 Nov 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination... Read More

Ballard Spahr Obtains Ruling That FAA Preempts Pennsylvania Unconscionability Law On Class Action Waivers
Posted on 24 Aug 2011 by Ballard Spahr LLP

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... Read More

Supreme Court Rules Class Arbitration Not Permitted When Agreement Is Silent
Posted on 27 Apr 2010 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court in a 5-3 decision April 27 reversed a Second Circuit U.S. Court of Appeals ruling and held that an arbitration panel exceeded its authority under the Federal Arbitration Act (FAA) by construing... Read More

High Court Hears Arguments On Validity Of Arbitration Clause In Antitrust Action
Posted on 28 Feb 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized... Read More

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds
Posted on 25 Aug 2014 by Ballard Spahr LLP

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product... Read More

Ballard Spahr LLP: Arbitration Enforcement Trend Continues At Supreme Court
Posted on 24 Feb 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group For the fourth time in less than a year, the U.S. Supreme Court has championed the "emphatic federal policy in favor of arbitral dispute resolution" and vacated a state appellate court's decision... Read More

Ballard Spahr LLP: 3rd Circuit Finds FAA Preempts N.J. Law On Class Action Waivers
Posted on 6 Sep 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit has held that the... Read More

Supreme Court Upholds AT&T's Contract Clause Prohibiting Class-Wide Arbitration
Posted on 13 May 2011 by Keller and Heckman LLP

On April 27, 2011, the United States Supreme Court issued an important decision upholding an arbitration clause barring class-wide arbitration. The decision has important implications for telecommunications and other consumer contracts, including website... Read More