LexisNexis® Legal Newsroom
The U.S. Supreme Court's Decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010)

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 arbitration...

Determining the Adjudicator of Arbitrability Issues: Rent-A-Center West v. Jackson and Granite Rock v. International Brotherhood of Teamsters

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) [ enhanced version available to lexis.com subscribers...

Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (June 21, 2010)

LexisNexisOverview: Former employee's claim that an arbitration agreement was unconscionable did not specifically challenge a provision that delegated to the arbitrator the authority to decide whether the agreement was enforceable; the delegation provision therefore was treated as valid under...

Duane Morris Alert: Appeals Court Distinguishes Supreme Court Ruling on Arbitration Clauses Barring Class Action Suits

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 contradictory language...

Abbey Spanier: Chipping Away at AT&T v. Concepcion

By Joshua Druckerman In Feeney v. Dell , we spotted a ray of hope piercing the clouds of the Supreme Court's holding in AT&T Mobility LLC v. Concepcion . In Concepcion , the Supreme Court struck a significant blow against the rights of consumers by allowing a corporation to waive class...

Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy

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...

High Court Hears Arguments on Validity of Arbitration Clause in Antitrust Action

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 Arbitration...

Supreme Court Affirms Decision in Health Care Class Arbitration Dispute

WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers under the Federal Arbitration Act (FAA) in determining that parties affirmatively "agreed to authorize class arbitration" in a case involving a dispute...

High Court: Class-Action Waiver in Arbitration Clause Is Valid in Antitrust Case

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, ...

High Court: Class-Action Waiver In Arbitration Clause Is Valid In Antitrust Case

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, the...

Up Next: Arbitration Clauses with Class Action Waivers in Corporate Charters?

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...

Supreme Court Issues Another Strong Decision Upholding Class Waivers in Arbitration Agreements

Today the United States Supreme Court issued its opinion in American Express Co. v. Italian Colors Restaurant [ an enhanced version of this opinion is available to lexis.com subscribers ], holding that courts may not invalidate a contractual waiver of class arbitration simply because the plaintiff's...

Professor Sharon Reece on Oxford Health Plans v. Sutter

Excerpt: In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration survived judicial review because the arbitrator...

Court Rejects NLRB’s D.H. Horton Decision Invalidating Limits on Class Arbitration

The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB , No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class or collective actions in arbitration was a violation...

A Cereal. A Rabbi. A Peppercorn.

What can you say about an internet contracting strategy that died? I’m referring, of course, to General Mills’ abortive attempt to include new terms of service on all its internet and social media products, including an agreement to arbitrate and to waive any right to a class action, that...

Delaware Arbitration Procedure to Make a Comeback

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’...

Supreme Court Denies Cert, Refuses To Consider Order Compelling Arbitration

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise line ( Mahaveer Singh v. Carnival Corp. , No. 13-1203...

Industry Groups Oppose CFPB Initiative to Conduct Telephone Survey of Credit Card Holders

by Maryia Y. Jones and David N. Anthony The CFPB is seeking approval from the Office of Management and Budget to conduct a national telephone survey of 1,000 credit card holders as part of its study on which the CFPB may base its decision to limit or prohibit the use of arbitration clauses in credit...

SCOTUS Denies Petition For Cert in Iskanian

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that an express class action waiver in an employment...

Did You Hear That? CFPB Report to Congress Sounds Death Knell for Arbitration Clauses

by David N. Anthony , Alan D. Wingfield , John C. Lynch and Ethan G. Ostroff As anticipated , yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services...

Circuit Splits, Arbitration Clauses, and Other Notes from Around the Web

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...

Divided Delaware Supreme Court Upholds First-Filed Rule

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...

Arbitration...Be Careful What You Ask For

Employers are embracing binding arbitration as the preferred choice for resolving work place disputes with employees and thus avoiding state or federal court. One survey indicated that in 2014, employers use of arbitration to prevent class action claims rose to 43% from 16% in 2012 notwithstanding the...