You Might Be Able to Avoid Forced Arbitration, Even in 2014

October 06, 2014

The Seventh Circuit has recently upheld litigants’ rights to pursue their claims in court rather than in arbitration in two cases: Druco Restaurants, Inc. v. Steak ‘n Shake Enterprises, Inc. et al., No. 13-3489, 2014 U.S. App. LEXIS 16869 (7th

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The Hits Just Keep On Coming… Halliburton v. Erica P. John Fund

June 25, 2014

Two days ago, the Supreme Court issued its opinion in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317, holding that at the class certification stage of a securities fraud class action, a defendant may offer direct

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Sixth Circuit Reviews Classwide Arbitration

November 11, 2013

In Reed Elsevier, Inc. v. Crockett, Case No. 12-3574, the United States Court of Appeals for the Sixth Circuit struck yet another blow to consumers whose contracts of adhesion force arbitration of any disputes.  Prior to Crockett, in some cases,

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Supreme Court Rules in Oxford Health Plans Case

June 10, 2013

Today, the Supreme Court issued its opinion in Oxford Health Plans, LLC v. Sutter, that casts some doubt on an oft-recited interpretation of Stolt-Nielson, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (2010).  In Stolt-Nielson, the Court held:  “a party

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Fourth Circuit Affirms Confirmation of Arbitration Determination

January 13, 2012

In December, 2011, in a per curiam opinion, the Fourth Circuit affirmed a district court’s ruling confirming an arbitration award which certified a nationwide class of claimants alleging unfair and deceptive acts and practices in violation of the Maryland Consumer

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Governor’s Job Creation Plans Good for No One

October 11, 2011

Perhaps lost under the glare of the spotlights on Wisconsin’s union law changes this year are several proposed changes in other areas of law which arguably will have an equally disproportionate effect on “regular folks.”  Wisconsin Governor Scott Walker recently

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Not a Duck: State Can Still Bring Suit on Behalf of Citizens in Own State Court

June 24, 2011

On May 20, 2011, the United States Court of Appeals for the Fourth Circuit decided whether an action instituted by the Attorney General of the State of West Virginia on behalf of the citizens of West Virginia against CVS Pharmacy,

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