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Expert Analysis

Courts' Love-Hate Relationship With Equitable Estoppel

Law360, New York (June 1, 2015, 11:56 AM EDT) -- Since the U.S. Supreme Court rulings in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304, 186 L. Ed. 2d 417 (2013), liberal enforcement of arbitration agreements and class action waivers contained in contracts signed by parties have become the norm. However, despite the developments in Concepcion and Italian Colors, some arbitration agreements are still not being enforced, most notably in class action automotive cases involving nonsignatories to purchase agreements between the consumer and dealer....

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