Articles

Consumers and businesses may agree to resolve disputes in individual arbitration, even in Massachusetts

August 22, 2012 | By DEBORAH LA FETRA

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that states could not invoke “public policy” or “unconscionability” as a reason to invalidate arbitration agreements that contain a class action waiver.  The Federal Arbitration Act demands that arbitration agreements be considered the same as ...

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President's weekly report — November 9, 2012

November 09, 2012 | By ROB RIVETT

Another week with some excellent breaking news, including another opportunity at the United States Supreme Court. Equality Under the Law — Breaking News We just learned that the Supreme Court granted cert in a very important voting rights case:  Shelby County v. Holder.  For many years the federal government has used  Section 5 of the Vot ...

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Are you listening, California Supreme Court?

November 26, 2012 | By DEBORAH LA FETRA

For the second time this year, the United States Supreme Court slapped down a state supreme court that refused to abide by the High Court’s arbitration decisions. In today’s unsigned opinion in Nitro-Lift Technologies, L.L.C. v. Howard, the miscreant tribunal this time was the Oklahoma Supreme Court, which struck down a noncompete agree ...

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President’s weekly report — November 30, 2012

November 30, 2012 | By ROB RIVETT

Environment — Endangered Caribou The United States Fish & Wildlife Service announced a drastic (and well-justified) reduction in critical habitat for the Selkirk Caribou from 375,000 to approximately 30,000 acres, based largely on the fact that the caribou do not live in lower elevations in Idaho as originally assumed. We still, however, ...

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Agreement to class arbitration should not be inferred

January 24, 2013 | By DEBORAH LA FETRA

Today PLF filed an amicus brief in Oxford Health Plans LLC v. Sutter, pending in the United States Supreme Court.  The issue is whether an arbitrator can order parties to class arbitration when the arbitration agreement is silent on that matter.  PLF argues that because class arbitration is fundamentally different than individual arbitration, imp ...

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Does silence equal consent?

March 25, 2013 | By DEBORAH LA FETRA

Today, the Supreme Court heard oral argument in Oxford Health Plans v. Sutter (Supreme Court docket no. 12-135).  The issue is whether a contract that contains an arbitration clause, but is silent as to class arbitration, can be interpreted by an arbitrator to permit imposition of class arbitration over the objections of one party.  PLF … ...

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PLF amicus brief urges WA Supreme Court to respect freedom of contract

April 19, 2013 | By ANASTASIA BODEN

This week PLF filed an amicus brief in the Washington Supreme Court in Hill v. Garda CL, arguing that class arbitration cannot be imposed on parties merely because they agreed to individual arbitration.  As the U.S. Supreme Court recognized in Stolt-Nielsen v. AnimalsFeeds, the differences between individual and class arbitration are so great ...

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Thank the plaintiff$' lawyers : United States has the world's costliest litigation system

May 24, 2013 | By ANASTASIA BODEN

Surprise, Surprise.  According to the Chamber of Commerce’s Institute for Legal Reform, the United States has the world’s most costly litigation system.  As the report notes, litigation costs affect international competitiveness and productivity—not only by influencing the direct costs of doing business, but by inspiring or upsettin ...

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Narrow decision in Oxford Health Plans v. Sutter

June 10, 2013 | By DEBORAH LA FETRA

The Supreme Court this morning unanimously upheld an arbitrator’s decision finding that an arbitration contract that was silent as to class arbitration could nonetheless be interpreted to allow class arbitration when the arbitrator interpreted the contract using state law. The Court simply deferred to the arbitrator because the Federal Arbitr ...