Alabama is developing a body of case law where litigation has arisen from arbitration. We are compiling a list of relevant decisions. Check back to read summaries of selected cases.
Disclaimer: Case summaries are the product of the various editors’ analysis. Please review the whole case and not just the summary if you intend to use it.
Decisions of Interest
Keeping Current: Supreme Court Again Confirms That Class Action Arbitration Waivers Are Valid, by Levi W. Swank, Thomas M. Hefferon, and Joseph F. Yenouskas, Business Law TODAY
In DIRECTV, Inc. v. Imburgia, No. 14-462 (Dec. 14, 2015), the U.S. Supreme Court faced yet another case involving the arbitration of consumer disputes. The court in DIRECTV held that a class action waiver contained in an arbitration clause of the contract was valid, even though the contract incorporated state law standards that would have voided the waiver at the time the contract was entered into. The decision continues the court’s trend toward enforcement of arbitration clauses, including those containing a waiver of class action proceedings in arbitration. See, e.g., AT&T Mobility LLC v. Conception, 563 U.S. 333 (2011); American Express Corp. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013).
Read the full Article.