Tag Archives: “class action waviers”

Second Circuit Declines En Banc Review in AMEX Arbitration Agreement Case: A Donnybrook Over Class Action Waivers and Vindication of Federal Statutory Rights

Photo of John LewisBy John Lewis on Posted in Arbitration
On February 1, 2012, a two-judge panel of the Second Circuit reaffirmed its holding in an antitrust action brought against American Express (“AMEX”) that class action waivers involving federal statutory rights were unenforceable.  Largely based on an expert’s affidavit, the panel concluded that “the only economically feasible means for Plaintiffs enforcing their statutory rights is … Continue Reading

Pennsylvania Court Compels Arbitration of Both Class and Collective Action Claims

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration, Class Certification, FLSA, Wage and Hour
Another court has weighed in in favor of enforcing an arbitration agreement containing a class action waiver in the wake of the United States Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011). In Brown v. TrueBlue, Inc.pdf., Case No. 1:10-CV-0514 (M.D. Pa. Nov. 22, 2011), the plaintiffs were … Continue Reading

Eighth Circuit Affirms Enforcement of Class Action Waivers and Explores Case Disposition Issues

Photo of John LewisBy John Lewis on Posted in Arbitration, Class Certification, FLSA
In a terse but well-reasoned decision, the Eighth Circuit recently affirmed the grant of a motion to compel arbitration and enforced a class action waiver despite arguments that it was unenforceable under Minnesota law. The Appellate panel also considered whether cases sent to arbitration should be stayed rather than dismissed. In Green v. SuperShuttle International, … Continue Reading

California Court Finds Concepcion Does Not Apply to Arbitration of PAGA Claims

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration
The battle between California courts and the U.S. Supreme Court over arbitration agreements wages on. Though California courts frequently make perfunctory statements about the strong public policy in favor of arbitration agreements, these statements are undercut by the many cases in which the courts appear to bend over backwards to find arbitration agreements unconscionable or … Continue Reading
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