Tag Archives: Concepcion

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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Fifth Circuit rules against 24 Hour Fitness in arbitration case

The Fifth Circuit Court of Appeals upheld a decision that found that a mandatory arbitration clause used by 24 Hour Fitness was illusory because it allowed the company to make changes to the policy retroactively. The decision in Carey v. … Continue reading

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Supreme Court: Individual Consumers Must Arbitrate Against Large Corporations

Earlier this year the Supreme Court ruled 8-1 to reverse a decision from the Ninth Circuit and enforce a provision in a credit-card agreement requiring plaintiffs to arbitrate claims over unfair lending practices. The decision in CompuCredit Corp. v. Greenwood … Continue reading

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