Appeals Arbitration Class Action Litigation Class Actions Class Arbitration Litigation Supreme Court
June 29, 2023 by Melanie Conroy
On June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. Justice Kavanaugh delivered the opinion of the Court, with Justices Roberts, Alito, Gorsuch, and Barrett […]
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Class Actions Class Arbitration Employment Class Actions Massachusetts Decisions
August 9, 2022 by Melanie Conroy
On July 27, 2022, in Archer v. Grubhub, the Massachusetts Supreme Judicial Court considered whether Grubhub delivery drivers within the Commonwealth are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). FAA Section 1 exempts “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The SJC […]
Antitrust Class Actions Appeals Arbitration Class Action Fairness Act Class Arbitration Class Certifications Consumer Class Actions Privacy Class Actions Securities Class Actions Supreme Court
June 20, 2019 / June 20, 2019 by Melanie Conroy
The 2018-2019 term of the U.S. Supreme Court opened with a newly configured court in which Justice Kavanaugh joined as an Associate Justice following the retirement of Justice Kennedy. Since October of last year, the Court has heard 69 argued appeals, several of which arose from class action litigation. Over the past nine months, the […]
Class Arbitration Supreme Court
April 24, 2019 by Josh Dunlap
Class arbitration came back before the Supreme Court this term in Lamps Plus, Inc. v. Varela. Today, the Supreme Court issued a 5-4 decision in Lamps Plus, holding that, under the Federal Arbitration Act, “courts may not infer from an ambiguous agreement that parties have consented to arbitrate on a classwide basis.” Rather, class arbitration […]
Arbitration Class Arbitration Consumer Class Actions First Circuit Decisions
June 26, 2018 / February 26, 2019 by Josh Dunlap
Yesterday the First Circuit weighed in on a hot topic – the enforceability of arbitration provisions in online contracts. In Cullinane, several plaintiffs brought a putative class action alleging that Uber had violated Massachusetts’ consumer protection statute by assessing certain fees. Uber filed a motion to compel arbitration under its Terms of Service, which contained […]
Class Arbitration Employment Class Actions Supreme Court
May 23, 2018 / February 26, 2019 by Katy Rand
Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. In recent years, the battle has focused on the enforceability of class or collective action waivers, pursuant to which parties agree to forgo their right to proceed on a class basis and […]
Arbitration Class Arbitration Consumer Class Actions Legislation
November 14, 2017 / January 12, 2023 by Don Frederico
Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I have heard from some politicians in the media is that Congress has voted to ban class actions against banks. As is […]
January 17, 2017 / February 26, 2019 by Katy Rand
Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under Section 7 of the National Labor Relations Act. According to the schedule currently in place, briefing on these cases will commence in late February […]
Arbitration Class Arbitration Employment Class Actions
January 3, 2017 / February 26, 2019 by Katy Rand
Employers commonly use arbitration agreements to minimize the expense and exposure of employment-related claims. By mandating arbitration of employment disputes, they hope to ensure that these matters are resolved in a cost-effective and confidential manner. Many arbitration agreements go a step further, requiring employees to pursue their claims individually, and to waive their right to […]
Class Arbitration Massachusetts Decisions
August 1, 2013 / January 10, 2023 by mindgrub
We have written several times in this blog about what we perceived as the inconsisteny between the Massachusetts decisions in the Feeney v. Dell case and the SCOTUS decision in Concepcion....
