Supreme Court: Express Consent Required for Class Arbitration

By Douglas A. Vonderhaar on May 14, 2019 Posted in Arbitration

On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to overturn the Ninth Circuit’s decision that the arbitration agreement between Lamps Plus and one of … Continue Reading

Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement

By Gretchen Jewell on October 10, 2017 Posted in Arbitration

The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action lawsuit claiming defendant KeyBank had improperly sequenced debit card transactions. KeyBank moved to compel arbitration on an individual basis … Continue Reading

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

By Sam Camardo on April 7, 2016 Posted in Arbitration

In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The Supreme Court’s recent decision in DIRECTV, Inc. v. Imburgia, 136 S. Ct. 463 (2015) reinforces that defense, and assures that the … Continue Reading