Tag Archives: class action waiver in arbitration provision

Arbitration Proceedings May Be Risky Business

In a recent ruling of the U.S. Supreme Court, Oxford Health Plans LLC v. Sutter, petitioner-defendant Oxford was forced to proceed with class arbitration with respondent-plaintiff John Ivan Sutter. This case, like other recent rulings of the Supreme Court, has … Continue reading

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5th Cir. Hears Class Action Waiver Ban Arguments

On Tuesday, the National Labor Relations Board (“NLRB”) appeared before the Fifth Circuit to defend its ruling in In re D.R. Horton, Inc., 357 NLRB No. 184, 2012, WL 36274 (Jan. 3, 2012), which partly excludes employment agreements from the reach of … Continue reading

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Second Circuit Court of Appeals says Concepcion Does not apply to AMEX arbitration clause

On February 1, 2012, The United States Court of Appeals for the Second Circuit reversed, for the third time, the District Court’s decision granting American Express’ (“Amex”) motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”). The plaintiffs … Continue reading

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