American Express Co. v. Italian Colors Restaurant

On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7 of the NLRA. View Full Post
Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers Is No Longer Good Law After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine.  View Full Post
Three years ago, Professor Richard Epstein of the University of Chicago was peddling falsehoods and misconceptions about malpractice law that wouldn’t pass a 1L Torts class. Via Walter Olson, I see he’s back with a piece titled, “The Myth of a Pro-Business SCOTUS,” claiming “Commentators inaccurately condemn the five conservative justices as corporate shills.” View Full Post
What happens when the parties to an arbitration agreement expressly contract out of the possibility of proceeding to a class arbitration, and this means that plaintiffs will have to incur great expense to each make proof of their claim individually, well above the amounts they may obtain as a result of their proceedings? View Full Post
The landscape of arbitration agreements and their effect on class action matters has been an area of significant evolution in recent years. Indeed, just two weeks ago, we reported on the latest Supreme Court decision that seemed to put a damper on the belief that arbitration agreements might provide a helpful avenue to stemming the tidal wave of employment and wage and hour class actions that has washed over many employers in recent years. View Full Post