Attys React To Supreme Court's DirecTV Arbitration Decision
Law360, New York (December 14, 2015, 8:20 PM EST) -- The U.S. Supreme Court held in a 6-3 ruling Monday that state laws hostile to class action waivers cannot circumvent the Federal Arbitration Act. Here, attorneys tell Law360 why the decision is significant.
Matthew H. Adler, Pepper Hamilton LLP
"Today's decision in DirecTV is the latest confirmation that in this Supreme Court, a ban on classwide arbitration is like Superman: bullets keep bouncing off of its chest. Classwide arbitration bans here survived a challenge with roots in both federalism and party autonomy, two doctrines that usually prevail. States, whether directly through their legislatures or indirectly through parties’ incorporation of state law,...
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