We’ve previously blogged about the Supreme Court’s grant of review and argument in Oxford Health Plans LLC v. Sutter. Today, the Supreme Court issued its decision (pdf). In a narrowly-written ruling, the Court held that courts lack authority under the Federal Arbitration Act (FAA) to vacate an arbitral award authorizing class arbitration when when (1) the… Continue Reading
Tag Archives: class arbitration
U.S. Chamber of Commerce Files Amicus Brief On Arbitration Issues In Key California Supreme Court Case
Posted in ArbitrationIn the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues, including key questions about whether the Federal Arbitration Act preempts California law concerning the enforceability of arbitration agreements. My colleagues and I have filed amicus briefs on behalf of the Chamber of Commerce… Continue Reading
Supreme Court Hears Argument In Class Arbitration Case, Oxford Health Plans v. Sutter
Posted in Arbitration, U.S. Supreme CourtThe Supreme Court heard oral argument earlier today in Oxford Health Plans LLC v. Sutter, No. 12-135, on whether the Federal Arbitration Act (“FAA”) allows an arbitrator to interpret an arbitration agreement that does not affirmatively authorize class arbitration to permit use of that procedure. For some background on Oxford, please see our prior blog… Continue Reading
Supreme Court Grants Review in Class Arbitration Case, Oxford Health Plans LLC v. Sutter
Posted in Arbitration, U.S. Supreme CourtTwo years ago, the Supreme Court held “that a party may not be compelled under the [Federal Arbitration Act] to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1775 (2010) (emphasis in original). But the… Continue Reading