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Full-Text Articles in Law
Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish
Journal of Dispute Resolution
This note will examine the history behind several recent federal decisions on class arbitration as well as federal antitrust laws and how antitrust laws should be enforced in the shadow of the FAA.
Sweet Vindication: The Second Circuit Strikes A Blow To Companies That Use Class-Action Waivers In Arbitration Agreements To Avoid The Law, Samuel E. Buffaloe
Sweet Vindication: The Second Circuit Strikes A Blow To Companies That Use Class-Action Waivers In Arbitration Agreements To Avoid The Law, Samuel E. Buffaloe
Journal of Dispute Resolution
Other scholars and courts have concluded that when a class action waiver prevents a plaintiff from vindicating his statutory rights, that waiver should be unenforceable. The U.S. Court of Appeals for the Second Circuit took this approach in In re American Express Merchants' Litigation. The court, however, was careful to point out that these class-action waivers should not be considered unenforceable per se, but that courts must examine each waiver on a case-by-case basis. This note will examine the court's reasoning and will discuss what courts and Congress should do to protect consumers when companies use class-action waivers to avoid …
Low-Value &(And) Predictably Small: When Should Class-Arbitration Waivers Be Invalidated As Unconscionable, Christopher B. Mckinney
Low-Value &(And) Predictably Small: When Should Class-Arbitration Waivers Be Invalidated As Unconscionable, Christopher B. Mckinney
Journal of Dispute Resolution
In Muhammad v. County Bank of Rehoboth Beach, the New Jersey Supreme Court chose the interests of consumers over liberally construed Federal Arbitration Act (FAA) policies in deciding that a no class-arbitration provision contained within a payday loan contract was unconscionable. The court used state law contract principles to invalidate the clause, finding that the clause violated several state public policies. Particularly important to the court was the fact that individual claims for damages would be nominal, and thus individual vindication of statutory rights would prove too costly to be practical. In making this distinction, the court suggested a preference …
Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge
Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge
Journal of Dispute Resolution
A motion for class certification is often a pivotal point in a lawsuit, playing a determinative role throughout the course of the litigation. Plaintiffs use the class action as a tool to consolidate common claims against a defendant, bypassing the expensive process of bringing suit individually. 2 Defendants hotly contest certification of the class, seeking to avoid the ramifications of a judgment which reflects the cumulative losses of the multitude. This casenote addresses the effects of allowing an arbitration clause that is silent as to class-wide arbitration to preclude the plaintiffs' option to bring suit as a class, and the …
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Journal of Dispute Resolution
Johnson v. West Suburban Bank is an important case in American jurisprudence because it combines several United States Supreme Court cases to establish a test for whether arbitration provisions relating to statutory rights should be upheld when they essentially preclude class actions. This Casenote will examine the progression the courts have taken and Johnson's subsequent test. Finally, an evaluation of this test will follow.
Class Action Settlement Bars, Cross Claims, And Co-Defendants: The Search For A Uniform Standard - In Re U.S. Oil & (And) Gas Litigation, Craig Richard Heidemann,
Class Action Settlement Bars, Cross Claims, And Co-Defendants: The Search For A Uniform Standard - In Re U.S. Oil & (And) Gas Litigation, Craig Richard Heidemann,
Journal of Dispute Resolution
Prior to the U.S. Oil & Gas decision, the federal courts had only considered settlement bars as related to non-settling defendants. In the U.S. Oil & Gas case, all of the defendants sought to settle with the plaintiff. 2 Only one settling defendant chose to contest the entry of the bar order. 3 In U.S. Oil & Gas, the Eleventh Circuit Court of Appeals was faced with a defendant who settled with the plaintiff but opposed an order barring its seemingly independent claims against the third-party defendant who also settled. For this reason it was a case of first impression. …