Arbitration - ADR News

June 18, 2013

Judge: Arbitration case presents ‘exceptional circumstances’ for abstention

West Virginia Record | June 18, 2013

A federal judge has ruled he does not have jurisdiction over home warranty company’s attempt to force an unsatisfied customer into arbitration.

Tags: Arbitration - ADR, West Virginia

June 14, 2013

Massachusetts high court: Arbitration clauses can't block all class actions

ThomsonReuters | June 14, 2013

Among the very few U.S. Supreme Court cases left undecided as the justices near the end of the term is American Express v. Italian Colors, which presents the question of whether a mandatory arbitration clause that effectively precludes plaintiffs from enforcing their federal antitrust rights is enforceable.

Tags: Arbitration - ADR, Class Action

June 11, 2013

Supreme Court defers in class arbitration

ThomsonReuters | June 11, 2013

After several years of Supreme Court decisions favorable to defendants, plaintiffs' lawyers got a glimmer of good news from a decision on Monday in a ruling about class actions in an arbitration context.

Tags: Arbitration - ADR, Judiciary

California Supreme Court weighs employment arbitration

ThomsonReuters | June 11, 2013

A trio of cases before the California Supreme Court will clarify how it will apply a recent U.S. Supreme Court decision limiting class action arbitration to employment contracts.

Tags: Arbitration - ADR, California

May 29, 2013

CommonWealth shareholders protest forced arbitration in new TRO motion

Thomson Reuters | May 29, 2013

A new takeover battle over a Maryland real estate investment trust has reawakened the issue of mandatory arbitration for shareholder claims - and this time, as a newly filed motion for a temporary restraining order makes clear, plaintiffs' lawyers have a lot more than a mere proposal to worry about.

Tags: Arbitration - ADR

May 28, 2013

SEC review of brokerages use of arbitration not seen in 2013

One American | May 28, 2013

Wall Street brokerages’ use of mandatory arbitration clauses merits a regulatory review, but the Securities and Exchange Commission will not have time to undertake one before 2014, an SEC commissioner said on Monday.

Tags: Arbitration - ADR, Securities Litigation

May 20, 2013

Judge Strikes Arbitration Agreement in Suit Against Ma Labs

The Recorder | May 20, 2013

It's gotten awfully hard for lawyers to wriggle out of arbitration agreements in the wake of AT&T Mobility v. Concepcion. But it's not impossible, as evidenced by a blistering order handed down by U.S. District Judge William Alsup this week, siding with class action lawyers at Sanford Heisler in an employment case against San Jose computer company Ma Laboratories Inc.

Tags: Arbitration - ADR, California

Delaware Asks Appeals Court to Revive Judge-Run Arbitrations

Wall Street Journal | Subscription Required | May 20, 2013

The state of Delaware is asking a federal appeals court to overturn a decision striking down as unconstitutional its practice of allowing corporate law judges to sit as arbitrators, deciding big business cases in secret.

Tags: Arbitration - ADR, Delaware

May 17, 2013

Schwab reverses ban on client class-action lawsuits

Reuters | May 17, 2013

Charles Schwab Corp has temporarily reversed its requirement that clients waive their right to bring class-action lawsuits, adding a new twist in a battle closely watched by the securities industry and plaintiffs' attorneys.

Tags: Arbitration - ADR, Class Action

May 16, 2013

Case to Watch: 5th Circuit to rule on arbitration agreements

ThomsonReuters | May 16, 2013

The 5th U.S. Circuit Court of Appeals will decide soon whether mandatory arbitration agreements signed by workers as a condition of employment can bar them from bringing collective action.

Tags: Arbitration - ADR