The U.S. Supreme Court held in Rent-A-Center, West, Inc. v.
Jackson, 2010 U.S. LEXIS 4981 (2010) that a challenge to the validity of an
arbitration agreement that contains a provision delegating to the arbitrator
exclusive authority to resolve threshold issues relating to the validity of the
In this Analysis, N.
Peter Lareau explores generally the rules applicable to determining the
adjudicator of arbitrability issues and then focuses on two June 2010 Supreme
Court cases: Rent-A-Center, W., Inc. v. Jackson , 130 S. Ct. 2772 (U.S. 2010)
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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 are poorly worded and contain
by Ed O'Connor
In In re Currency Conversion
Fee Antitrust Litig ., Judge William H. Pauley III denied a motion for
summary judgment by Defendants Discover and Citigroup after finding that a
handful of meetings over four years by Defendants' in-house counsel related to
drafting and implementing...
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 service contract violated the Federal
WASHINGTON, D.C. - (Mealey's) A mandatory class action
waiver clause in American Express Co.'s (AmEx) standardized service contract is
enforceable under the Federal Arbitration Act (FAA), even if the cost of
individual arbitration of merchants' antitrust claims is prohibitively high,
In the latest in a series of decisions in which it has upheld the enforceability of arbitration agreements, the U.S. Supreme Court ruled on June 20, 2013 that an arbitration agreement with a class action waiver is enforceable even it meant that an individual's cost of pursuing a claim exceeded the...
At a speech before the Delaware Bench and Bar Conference , Chief Justice Strine raised the possibility that Delaware would revisit its Chancery Arbitration Program:
"Regrettably, a federal court in Philadelphia issued a divided ruling striking down these statutes because they violated two judges’...
Circuits Split on Pleading Loss Causation: In a December 16, 2014 opinion written by Judge Milan D. Smith, Jr. for a unanimous three-judge panel of the Ninth Circuit, the appellate court affirmed the dismissal of the securities class action lawsuit that had been filed against Apollo Group and certain...
The Delaware Supreme Court provided this week the latest iteration of Delaware law on the first-filed rule and whether a particular issue is covered by an arbitration clause. Over a vigorous dissent, Delaware’s high court affirmed a decision of the Delaware Court of Chancery that applied the first...