This week PLF filed an amicus brief in the Washington Supreme Court in Hill v. Garda CL, arguing that class arbitration cannot be imposed on parties merely because they agreed to individual arbitration. As the U.S. Supreme Court recognized in Stolt-Nielsen v. AnimalsFeeds, the … Continue reading
Today, the Supreme Court heard oral argument in Oxford Health Plans v. Sutter (Supreme Court docket no. 12-135). The issue is whether a contract that contains an arbitration clause, but is silent as to class arbitration, can be interpreted by … Continue reading
Today PLF filed an amicus brief in Oxford Health Plans LLC v. Sutter, pending in the United States Supreme Court. The issue is whether an arbitrator can order parties to class arbitration when the arbitration agreement is silent on that … Continue reading
Environment — Endangered Caribou The United States Fish & Wildlife Service announced a drastic (and well-justified) reduction in critical habitat for the Selkirk Caribou from 375,000 to approximately 30,000 acres, based largely on the fact that the caribou do not … Continue reading
For the second time this year, the United States Supreme Court slapped down a state supreme court that refused to abide by the High Court’s arbitration decisions. In today’s unsigned opinion in Nitro-Lift Technologies, L.L.C. v. Howard, the miscreant tribunal … Continue reading
Another week with some excellent breaking news, including another opportunity at the United States Supreme Court. Equality Under the Law — Breaking News We just learned that the Supreme Court granted cert in a very important voting rights case: Shelby … Continue reading
In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that states could not invoke “public policy” or “unconscionability” as a reason to invalidate arbitration agreements that contain a class action waiver. The Federal Arbitration Act demands … Continue reading