The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

By Bill DeVinney on February 21, 2018 Posted in Arbitration, Employment

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); American Express Corp. v. Italian Colors Restaurant, 570 U.S. 333 (2013); DIRECTV, Inc. v. Imburgia, 577 U.S. … Continue Reading

Supreme Court Disconnects Plaintiffs’ Attempt to Avoid Class Arbitration Waiver

By Patrick T. Lewis on December 16, 2015 Posted in Uncategorized

In a 6-3 decision yesterday, the Supreme Court in DirecTV, Inc. v. Imburgia, 577 U.S. ___, S. Ct. (2015) reversed a decision of the California Court of Appeals that refused to enforce a class action arbitration waiver on unconscionability grounds. At issue in that case was a class action arbitration waiver that contained a provision … Continue Reading

Supreme Court Allows Arbitration Despite Non-Disclosure of a Customer’s Right to Sue

By Patrick T. Lewis on February 2, 2012 Posted in Arbitration

The Supreme Court’s recent decision in CompuCredit Corp. v. Greenwood, 565 U.S. __, 132 S.Ct. 665, 181 L.Ed.2d 586 (2012), found that despite an act requiring a disclosure of a consumer’s “right to sue,” claims under the act would still be arbitrable absent clear congressional intent to the contrary. Plaintiffs held credit cards marketed and … Continue Reading