LexisNexis® Legal Newsroom
Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue

by Lewis S. Wiener, Gail L. Westover, Brendan Ballard, and Wilson G. Barmeyer In a 5-3 majority decision issued on April 27, 2010, the U.S. Supreme Court held in Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp. , No. 08-1198 ( See Mealey's News item on this case ), that...

The Supreme Court's Decision on Unconscionability, the Purpose of the Federal Arbitration Act, and Banning Class Arbitration: Dr. John E. Murray, Jr. on AT&T Mobility LLC v. Concepcion

Under Federal Arbitration Act § 2, an arbitration agreement "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." California law set forth certain circumstances in which "class action waivers" in...

Arbitration Proceedings May Be Risky Business

In a recent ruling of the U.S. Supreme Court, Oxford Health Plans LLC v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], petitioner-defendant Oxford was forced to proceed with class arbitration with respondent-plaintiff John Ivan Sutter. This case, like other...

American Express Co. v. Italian Colors Restaurant: A Class Action Waiver in an Arbitration Agreement Will Be Strictly Enforced under the Federal Arbitration Act

by Leo Caseria and David Garcia The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual...