Class Action Waivers In Arbitration: Recent Developments

Law360, New York (November 30, 2012, 1:20 PM EST) -- The United States Supreme Court held in Stolt-Nielsen v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758 (2010), that parties could not be compelled to submit class antitrust claims to arbitration when the arbitration clauses in their agreements were silent on the question of class arbitration. The Supreme Court ruled in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that the Federal Arbitration Act (FAA) prohibited states from conditioning the enforceability of certain arbitration agreements on the availability of classwide arbitration procedures.

Subsequent rulings by...
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