Viewing: U.S. Supreme Court Contract Cases

U.S. Supreme Court to Oklahoma High Court on Arbitration: Try Again

Yesterday the U.S. Supreme Court vacated a decision by the Oklahoma Supreme Court, which held that the “existence of an arbitration agreement in an employment contract does not prohibit judicial review of the underlying agreement.” The Supreme Court disagreed and held that a dispute as to a contract’s enforceability was a question for the arbitrator, […] Read More

AMEX Arbitration Case Goes to the Supreme Court (Again and Again and Again)

I noticed via a post yesterday on the ADR Prof Blog that the Supreme Court has granted certiorari in an arbitration case that I characterized in a post earlier this year as probably the case most affected by the Supreme Court’s recent arbitration decisions (i.e., Stolt-Nielsen v. Animal Feeds and AT&T Mobility v. Concepcion). This […] Read More

Supreme Court Holds Federal Arbitration Act Preempts Public Policy of West Virginia

The Supreme Court once again affirmed federal policy favoring arbitration this week as it reversed the Supreme Court of Appeals of West Virginia in Marmet Health Care Center, Inc. v. Brown. The state high court had held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes, […] Read More

Dear Ninth Circuit: We Like Arbitration – Signed, The Supreme Court

The United States Supreme Court reaffirmed its favor of arbitration yesterday in one of its first decisions of the year. InCompuCredit v. Greenwood, the high court once again reversed the Ninth Circuit in an arbitration case. You might recall that the Supreme Court reversed the Ninth Circuit last April in its much discussed AT&T Mobility […] Read More

AT&T Mobility v. Concepcion: Is Class Arbitration Dead?

The U.S. Supreme court issued its opinion in AT&T Mobility v. Concepcion yesterday. The Court held that California‚Äôs Discover Bank rule is preempted by the Federal Arbitration Act. The Discover Bank rule states that a class action waiver in an arbitration agreement is unconscionable and should not be enforced when it is found in a […] Read More