U.S. Supreme Court; arbitration; class action waiver

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supreme court.jpgCo-authored by James Hlawek, Richard Alfred and Robert Whitman

Is a waiver of class arbitration enforceable in cases where the plaintiff’s cost of individually arbitrating her federal statutory claim exceeds her potential recovery and is, therefore, not economically feasible? 

That is the question addressed today in American Express Co. v. Italian Colors Restaurant [here], which the Supreme…

Continue Reading Class Arbitration Waivers of Any “Colors” Are Enforceable

supreme court.jpgAuthored by Patrick J. Bannon

The Supreme Court announced this week that it has granted review in American Express Co. v. Italian Colors Restaurant.  The case could have an important impact on whether courts may decline to enforce an employee’s express agreement to arbitrate all employment claims on an individualized basis, waiving class arbitration procedures, and nevertheless permit pursuit…

Continue Reading Supreme Court To Show Its “(Italian) Colors” On Arbitration Agreements That Waive Class Arbitration Procedures