As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class arbitration remains advisable for companies because they eliminate the ability of state courts and arbitrators to read permission for class arbitration
Class Action Waiver
Lamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb Agreements
We have written before about the utility of class waivers in arbitration agreements as a defense to classwide arbitration. As we previously discussed, the U.S. Supreme Court decided in Stolt-Nielson S.A. v. AnimalFeeds Int’l Corp. that arbitration agreements that were silent on the question of class arbitration could not support the arbitration of class claims.…
Supreme Court to Regulators: You Can’t Trump the Federal Arbitration Act
Posted in Arbitration, Class Action Waiver
In a 5-4 decision along ideological lines, the Supreme Court has upheld a controversial tool used by employers to stop class action lawsuits before they start: contractual provisions requiring employees to bring individual arbitration proceedings rather than class actions in court.
In Epic Systems Corp. v. Lewis and its sister cases, the majority of the…