Viewing: class action arbitration waiver

Dear Dropbox, I’ll Take the Arbitration

Dropbox revised its terms of service recently and sent an email to its users notifying them of the changes. I haven't read through the entire ToS yet. But Bill Carleton's post on his Counselor @ Law blog yesterday prompted me to take a look at the arbitration clause. I'm sharing my comment to his post […] Read More

Arbitration Might Just Be the Most Exciting Area of Contract Law

Most areas of contract law change very little over time. When a new way of doing business comes along, the law might take a while to figure out how to deal with it, but eventually a consensus approach (or two) is adopted by the courts, and things hum along once again. An example during my […] Read More

The Missouri Supreme Court Meets Concepcion: Robinson v. Title Lenders, Inc.

In two opinions filed on March 6, 2012, the Missouri Supreme Court applied recent U.S. Supreme Court arbitration precedent to cases involving binding arbitration agreements. In yesterday's post I discussed Brewer v. Missouri Title Loans, in which the Missouri Supreme Court held that a binding arbitration agreement was unenforceable due to unconscionability. Today I'll discuss Robinson v. […] Read More

The Missouri Supreme Court Meets Concepcion: Brewer v. Missouri Title Loans

In two opinions filed on March 6, 2012, the Missouri Supreme Court applied recent U.S. Supreme Court arbitration precedent to cases involving binding arbitration agreements. In tomorrow's post, I'll discuss the court's application of Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. and AT&T Mobility LLC v. Concepcion to reverse a lower court's judgment that refused to enforce […] 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

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’s 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