Tag Archives: “class action arbitration”

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth the Wait

This blog post was co-authored by: Dustin Dow The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential recovery.  Writing for a 5-3 majority of the Court, Justice Antonin Scalia ruled in American … Continue Reading

Oxford Health Plans v. Sutter – The Perils of Choosing an Arbitrator to Resolve Potential “Gateway Matters”

Co-Authored by: Dustin Dow A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the resulting award.  Because even if the arbitrator makes a “grave error” in interpreting a contract to … Continue Reading