The United States Supreme Court Adopts Severability Analysis in Rent-A-Center...
Yesterday the United States Supreme Court decided Rent-A-Center West v. Jackson, ___ U.S. ___, slip op. (June 21, 2010). Rent-A-Center raised the question whether “a district court may decide a claim...
View ArticleWhat to Make of the Second Circuit Voiding a Class Action Waiver Under...
After deciding Stolt-Nielsen, S.A. v. AnimalFeeds, Inc. and Rent-A-Center West v. Jackson, the United States Supreme Court left federal arbitration law at a crossroads. In both cases the Court adhered...
View ArticleUnited States Law Week Quotes Philip J. Loree Jr. Comments on Fensterstock
Last week I was interviewed by Tom P. Taylor, a reporter for The United States Law Week, about the Fensterstock v. Education Finance Partners, No. 09-1562-cv, slip op. (2d Cir. July 12, 2010),...
View ArticleAT&T Mobility LLC v. Concepcion: What is the Scope of Federal Preemption in...
Part I Introduction In our recent feature “What to Make of the Second Circuit Voiding a Class Action Waiver Under California’s Discover Bank Rule,” we briefly discussed AT&T Mobility LLC v....
View ArticleAT&T Mobility LLC v. Concepcion: What is the Scope of Federal Preemption in...
Part II Introduction Part I of this two-part post (here) briefly discussed the background of AT&T Mobility LLC v. Concepcion, No. 09-893, a case pending before the United States Supreme Court that...
View ArticleU.S. Law Week Quotes Philip J. Loree Jr. Comments on SCOTUS AT&T Mobility LLC...
On October 14, 2010 I was interviewed by Tom P. Taylor, a reporter for The United States Law Week, about the AT&T Mobility LLC v. Concepcion case (blogged here, here, here and here), which will be...
View ArticleOral Argument to be Held Tomorrow in SCOTUS AT&T Mobility Class Waiver Case
The United States Supreme Court will hear oral argument in AT&T Mobility LLC v. Concepcion, No. 09-893, tomorrow, November 9, 2010. (Read about the case here, here, here and here.) If you are...
View ArticleSome Initial Thoughts on the SCOTUS AT&T Mobility, LLC v. Concepcion Oral...
As many readers know, on Tuesday, November 9, 2010 the United States Supreme Court heard oral argument in AT&T Mobility, LLC v. Concepcion, No. 09-893 (blogged here, here, here and here). You can...
View ArticleAT&T Mobility, LLC v. Concepcion: What Would Cousin Vinny Have to Say About...
One of my favorite scenes from the movie My Cousin Vinny (1992) is Vincent Laguardia Gambini’s (a/k/a “Vinny’s”) opening statement in the criminal trial of his cousin and cousin’s friend, both of whom...
View ArticleSCOTUS Decides AT&T Mobility LLC v. Concepcion!
This morning the United States Supreme Court handed down its long-awaited decision in AT&T Mobility LLC v. Concepcion, No. 09-893, slip op. (April 27, 2011). The Court held that the Federal...
View ArticleOxford Health Plans LLC v. Sutter—SCOTUS Reaffirms FAA Section 10(a)(4)...
Part II.A: What to Make of Oxford? In our last post (here) we discussed the U.S. Supreme Court’s recent decision in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. (U.S. June 10, 2013), which,...
View ArticleOxford Health Plans LLC v. Sutter—SCOTUS Reaffirms FAA Section 10(a)(4)...
Part II.B: To what Extent, if at all, will Oxford Likely Influence FAA Law and Practice? While Oxford is uncontroversial in the sense that it does not purport to change the standard of review...
View ArticleOxford Health Plans LLC v. Sutter—SCOTUS Reaffirms FAA Section 10(a)(4)...
Part II.C Does Oxford Portend Judicial Reconsideration of Whether Class-Arbitration Consent is a Question of Arbitrability? In Stolt-Nielsen and Oxford the parties voluntarily submitted the...
View ArticleGateway Keeping: The Third Circuit Joins the Sixth in Holding that Courts get...
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013) considered whether an arbitrator exceeded his powers under Federal Arbitration Act (“FAA”) Section...
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Third Circuit Opalinski Class Arbitration Arbitrability Case Cert. Petition...
On August 28, 2014 we posted an article discussing the United States Court of Appeals for the Third Circuit’s decision in Opalinski v. Robert Half Int’l Inc., 761 F.3d 326 (3rd Cir. 2014), which held...
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What Standards Apply to Lance Armstrong’s Putative Challenge to the...
SCA v. Armstrong: Anatomy of an Arbitration Award—Part II What Standards Apply to Lance Armstrong’s Putative Challenge to the Arbitrators’ $10,000,000.00 Sanctions Award? As discussed in Part I, if...
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SCA v. Armstrong: Anatomy of the Lance Armstrong Arbitration Award—Part...
SCA v. Armstrong: Anatomy of the Armstrong Arbitration Award Part III.A: What are the Issues? In Part II we discussed applicable arbitration law, so now let’s take a look at what issues the Court may...
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United States Supreme Court Requests Response to Petition for Certiorari in...
On June 20, 2014 the Texas Supreme Court held in Americo Life, Inc. v. Myer, 440 S.W.3d 18 (Tex. 2014), that an arbitration award had to be vacated because it was made by a panel not constituted...
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SCA v. Armstrong: Anatomy of the Lance Armstrong Arbitration Award—Part...
Part III.B.1 Panel Issue No. 1: the Armstrong Panel’s Authority to Decide the SCA Parties’ Sanctions Claims Introduction Part III.A of our Lance Armstrong Arbitration Award series identified (a) the...
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U.S. Supreme Court Grants Certiorari in Another Class Arbitration Case: Can...
On March 23, 2015 the U.S. Supreme Court granted certiorari in DIRECTV, Inc. v. Imburgia, No. 14-462. If decided on its merits, the case will be by our count the fifth U.S. Supreme Court decision...
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