Tag Archives: Concepcion

Concepcion Breathes New Life into Class Action Waiver in Arbitration Agreement: California Court of Appeal Affirms Order Compelling Arbitration of Claims on Individual Basis

Photo of Sabrina ShadiBy Sabrina Shadi on Posted in Arbitration
After the California Supreme Court decided Gentry v. Superior Court (2007) 42 Cal.4th 443, class action waivers in arbitration agreements were on life support, with their supporters holding fast to the hope that some modern miracle would come along to resuscitate them.  Then along came AT&T Mobility LLC v. Concepcion (2011) 113 S.Ct. 1740, and … Continue Reading

Court Rejects NLRB’s Restrictive View of Class Action Waivers in Arbitration

Photo of John LewisBy John Lewis on Posted in Arbitration, Meal and Rest Periods
NLRB’s D.R. Horton Decision and Public Policy Cannot Undermine Concepcion – Morvant v. P.F. Chang’s China Bistro, Inc. A Northern District of California judge has held that neither the National Labor Relations Board’s (“NLRB”) decision in  D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012), nor the Norris-LaGuardia Act, 29 U.S.C. §§ 101 et … Continue Reading

In Re American Express Merchants’ Litigation

Photo of John LewisBy John Lewis on Posted in Uncategorized
The Third Time is Not a Charm as the Second Circuit Again Holds Class Action Waivers Unenforceable The Second Circuit considered the validity of class action waivers for the third time in an antitrust action brought against American Express (“AMEX”) based upon the company’s Card Acceptance Agreement.  And, despite intervening Supreme Court opinions, for the … 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

Franken-Bill Would Have a Monstrous Impact on Mandatory Arbitration Clauses

Photo of John LewisBy John Lewis on Posted in Arbitration
In the wake of the Supreme Court’s April 27th decision in AT&T Mobility v. Concepcion.pdf, Senator Al Franken (D-Minn) and others re-introduced legislation (S.987, H.R. 1873.pdf) that would forbid pre-dispute mandatory arbitration agreements in employment, consumer or civil rights disputes.  The Concepcion opinion (reviewed in Greg Mersol’s April 27, 2011 post on this blog and in the … Continue Reading

Supreme Court Holds That Class Action Waivers In Arbitration Agreements Are Enforceable

Photo of Greg MersolBy Greg Mersol on Posted in Uncategorized
The Supreme Court has now held that the Federal Arbitration Act (“FAA”), 9 U.S.C. section 2, preempts state laws that would condition arbitration agreements on the availability of class action arbitration procedures.  AT&T Mobility v. Concepcion.pdf, 563 U.S. ____ (April 27, 2011).  This new holding overturns prior holdings from California as well as other jurisdictions, and … Continue Reading
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