Add to ORKGOn February 1, 2012, the U.S. Court of Appeals for the Second Circuit held in In re American Express Merchants’ Litigation that a class action waiver was unenforceable because class litigation was the only economically feasible way for the plaintiffs to vindicate their statutory rights under the Sherman Act. In doing so, the Second Circuit properly balanced the policy underlying the Federal Arbitration Act and the policy favoring the vindication of rights provided by federal statute. This Comment argues that the Second Circuit properly interpreted the vindication of statutory rights analysis in light of U.S. Supreme Court jurisprudence
Courts have become increasingly likely in recent years to find class arbitration waivers in consumer...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
On February 1, 2012, the U.S. Court of Appeals for the Second Circuit held in In re American Express...
Other scholars and courts have concluded that when a class action waiver prevents a plaintiff from v...
This note will examine the history behind several recent federal decisions on class arbitration as w...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
How would a court resolve a broker-dealer\u27s action to enforce its class action waiver, which woul...
As arbitration agreements have become increasingly commonplace in dealings between large companies a...
As support for arbitration clauses began to grow, employers began to include arbitration clauses in ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article first argues that to determine the enforceability of a class action waiver, courts shou...
The 1991 Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp. introduced a new era in t...
The Supreme Court has so significantly rewritten the Federal Arbitration Act (FAA) over the last twe...
A law can often be a double-edged sword—its mandate or protection of one right will sometimes come a...
Courts have become increasingly likely in recent years to find class arbitration waivers in consumer...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
On February 1, 2012, the U.S. Court of Appeals for the Second Circuit held in In re American Express...
Other scholars and courts have concluded that when a class action waiver prevents a plaintiff from v...
This note will examine the history behind several recent federal decisions on class arbitration as w...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
How would a court resolve a broker-dealer\u27s action to enforce its class action waiver, which woul...
As arbitration agreements have become increasingly commonplace in dealings between large companies a...
As support for arbitration clauses began to grow, employers began to include arbitration clauses in ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article first argues that to determine the enforceability of a class action waiver, courts shou...
The 1991 Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp. introduced a new era in t...
The Supreme Court has so significantly rewritten the Federal Arbitration Act (FAA) over the last twe...
A law can often be a double-edged sword—its mandate or protection of one right will sometimes come a...
Courts have become increasingly likely in recent years to find class arbitration waivers in consumer...
Since Congress first enacted the Federal Arbitration Act (FAA) in 1925, arbitration agreements have ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio