class actions - arbitration

"2nd Circuit: Plaintiffs in Credit Card Antitrust Case Cannot Be Compelled to Arbitrate"

Kimberly A. Kralowec
November 13, 2008 01:04

In an article yesterday, the New York Law Journal reported on a new Second Circuit decision in an antitrust class action. The Second Circuit held that mandatory arbitration clauses in the plaintiffs' cardholder agreements with Visa and Master Card did...In an article yesterday, the New York Law...

Ninth Circuit opinion on no-class-action arbitration clauses: Hoffman v. Citibank (South Dakota), N.A.

Kimberly A. Kralowec
October 14, 2008 22:32

In Hoffman v. Citibank (South Dakota), N.A., ___ F.3d ___ (9th Cir. Oct. 14, 2008) (per curiam), the Ninth Circuit remanded for the district court to re-determine whether, under California's choice-of-law rules, South Dakota or California law applies in assessing...In Hoffman v. Citibank (South...

Washington Supreme Court finds class action ban unconscionable: McKee v. AT&T Corp.

Kimberly A. Kralowec
September 17, 2008 13:00

In McKee v. AT&T Corp., ___ P.3d ___ (Wash. Aug. 28, 2008), the Supreme Court of Washington refused to enforce a no-class-action arbitration clause, finding it substantively unconscionable. A tidbit: "Courts will not be easily deceived by attempts to unilaterally...In McKee v. AT&T Corp., ___ P.3d...

New Mexico Supreme Court strikes down no-class-action arbitration clause: Fiser v. Dell Computer Corp.

Kimberly A. Kralowec
August 05, 2008 13:00

I'm still catching up with some of the decisions handed down while my blog was on hiatus in June. In Fiser v. Dell Computer Corp., ___ S.W.3d ___ (N.M. Jun. 27, 2008), the New Mexico Supreme Court refused to enforce...I'm still catching up with some of the decisions handed down while my blog was on...

U.S. Supreme Court denies cert. in class action ban case: T-Mobile USA, Inc. v. Laster

Kimberly A. Kralowec
May 27, 2008 22:43

Today, the U.S. Supreme Court denied a petition for a writ of certiorari in T-Mobile USA, Inc. v. Laster, 07-976 (order list dated 05/27/08). The petition sought review of an unpublished Ninth Circuit decision in which that court rejected the...Today, the U.S. Supreme Court denied a petition for a...