Tag Archives: AT&T v. Concepcion

Microsoft Adopts Arbitration Provisions With Class Action Waivers: Will Insurance Companies Follow?

A recent column by David Lazarus in the Los Angeles Times, “Microsoft Ending Consumers’ Ability to File Class-Action Suits,” reports that Microsoft is implementing arbitration provisions with class action waiver provisions.  The article discusses a blog post by Tim Fielden, Assistant General Counsel of Microsoft regarding this change.  Fielden’s blog post explains: When a customer … Continue Reading

Insurance Information Institute (III) Blog Reports That Arbitration Saved Insurance Industry Over $700 Million in Litigation Costs in 2011: Will Similar Savings Be Achieved By Expanding Consumer Arbitrations?

I found interesting a recent blog post by Claire Wilkinson of the Insurance Information Institute (III) reporting that: In a new record, nearly 520,000 insurance claims disputes valued at more than $2.4 billion were resolved via arbitration in 2011, Arbitration Forums Inc reports. According to AF, the nation’s largest provider of inter-insurance dispute resolution services, … Continue Reading

Class Action Waiver in Arbitration Provision Found Unenforceable By Second Circuit in American Express Case, Notwithstanding AT&T v. Concepcion

On January 30, I published a blog post about a Southern District of New York decision holding that an arbitration clause barring class actions was unenforceable because the costs of an individual arbitration effectively would preclude the plaintiff from pursuing her statutory rights under the Fair Labor Standards Act.  The Second Circuit has now reached … Continue Reading

Will Concepcion End Class Actions? Law Professor Says “Yes”

There has been a lot written about what impact the Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion will have on the future of class actions (if you haven’t followed this closely, see my prior posts about the Supreme Court’s decision, opinions by the Colorado federal court and Northern District of California applying Concepcion, … Continue Reading

Insights from the ABA 2011 National Institute on Class Actions – Part 2

This is the second installment of my insights from the recent ABA conference.   Concepcion:  During the discussion of the Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the use of arbitration clauses with class action waivers, Paul Bland of Public Justice (who filed an amicus brief in support of the plaintiffs) made … Continue Reading

Further Thoughts on How Insurance Companies Might Take Advantage of Concepcion

In my prior post about the Supreme Court’s decision in AT&T Mobility v. Concepcion, I made some preliminary observations about how insurance companies might take advantage of the opportunity provided by that decision to potentially reduce class action exposure through the use of arbitration clauses that bar class arbitrations.  I’ve given some further thought to … Continue Reading

Can an Adhesion Contract Defense Preclude Enforcement of an Arbitration Provision After AT&T v. Concepcion? Colorado Federal Court Says No

Following the Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion (see my prior blog post), a key battleground is going to be what defenses to arbitration of a named plaintiff’s claim remain viable.  We know that the mere fact that the arbitration provision does not allow a class arbitration is not enough to render … Continue Reading