Class Action Bans

The Court ruled that the FAA forecloses courts from applying neutral state law principles in the face of ambiguous contract language if doing so would result in allowing arbitration to proceed on a class-wide basis.

June 19, 2019

By NIWR

Lamps Plus, Inc. v. Varela, No. 17-988 (U.S. Apr. 24, 2019) Relevant Facts: An employee of Lamps Plus fell prey to a phishing scheme and accidentally released the tax […]

The Court rules that the National Labor Relations Act does not give employees a right to collective legal action, and that the FAA requires courts to enforce class, collective, and joint action bans in forced arbitration clauses in employment contracts.

June 19, 2019

By NIWR

Epic Systems, Corp. v. Lewis, 138 S. Ct. 1612 (2018) Relevant Facts: In granting certiorari, the U.S. Supreme Court consolidated three different cases with similar facts. All involved claims […]

The Court rules that a class action ban in a forced arbitration clause must be enforced, even where doing so will undoubtedly result in widespread statutory violations going unremedied.

June 18, 2019

By NIWR

American Express Co. v. Italian Colors Restaurant, 570 U.S. 228 (2013) Relevant Facts: To challenge American Express’ (“AMEX”) practice of charging businesses roughly 30% more than competitors like Visa […]

The Court declares that arbitration is fundamentally bilateral in nature and rules that the FAA precludes states from barring enforcement of class waivers in arbitration clauses, even for unrelated law enforcement or public policy reasons.

June 18, 2019

By NIWR

AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) Relevant Facts: Consumers who responded to an advertisement for a free phone were subsequently charged a fee on their bill, […]

Revisiting its 2003 opinion, the Court begins stating a new preference for bilateral arbitration and holds that class arbitration is not permissible under an arbitration clause that is silent on the issue.

June 18, 2019

By NIWR

Stolt-Nielsen v. AnimalFeeds International Corp., 559 U.S. 662 (2010) Relevant Facts: Petitioner shipping company entered into a contract with the respondent company, AnimalFeeds, that contained an arbitration clause. Later, […]

A plurality on the Court holds that an arbitrator may order class arbitration to proceed based on the terms of an arbitration provision.

June 18, 2019

By NIWR

Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003) Relevant Facts: Multiple consumers separately received loans from Green Tree to buy mobile homes or to make home improvements. […]

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Class Action Bans

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