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Class Actions
CPR has awarded its prestigious 2010 James F. Henry Award to Prof. Eric D. Green. The award, named for the organization’s founder, was presented at CPR Institute’s Annual Meeting on January 14 at the Barclay InterContinental in New York City.
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Just posted today by publisher John Wiley & Sons, Alternatives begins its 29th year of publication with cutting-edge mediation practice features.
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Tomorrow, Tuesday Nov. 9, the U. S. Supreme Court will hear oral arguments in AT&T Mobility v. Conception. The case will look at whether the Federal Arbitration Act preempts state unconscionability law where a contract waives consumers’ rights to class actions.
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The Nov. 9 oral argument in AT&T Mobility v. Concepcion, No. 09-893, centered on how California can apply unconscionability laws. Here are some highlights . . .
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The Second U.S. Circuit Court of Appeals held a class arbitration waiver in a law student loan contract was unconscionable under California law, and invalidated the arbitration agreement.
But in light of an April U.S. Supreme Court decision, the panel noted that it could not authorize the plaintiff, a practicing attorney who filed suit over misallocation of his student loan payments, to proceed with a class arbitration.
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In the second of two parts, we examine potential paths of development for class actions and ADR in the European Union. The article was prepared by former CPR intern Katharina Diel, who is an LLM student at Columbia University Law School in New York. Summer 2010 CPR Intern Jan-Krzysztof Dunin-Wasowicz also contributed to this Part II.
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Action on arbitration legislation may be heating up in Washington. While the House Judiciary Committee edges closer to marking up the Arbitration Fairness Act, it moves ahead on an amendment that would soften the restrictions posed by the Class Action Fairness Act, as business interests object.
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Class actions are gaining broader European appeal. So this installment of the International Practice column turns the spotlight onto the development of class actions in the United Kingdom, and in the other European Union member states, as well as analyzes the viability and future continued emergence of this procedural device, including its incorporation into ADR.
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The U.S. Supreme Court this morning took another class arbitration case, AT&T Mobility v. Concepcion, No. 09-893. This time, the Court will review whether a California state law on unconscionability is barred by the Federal Arbitration Act.
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The Third U.S. Circuit Court of Appeals affirmed a ruling that the enforceability of a class action waiver in an arbitration agreement, challenged by the plaintiffs-appellants as unconscionable, is a gateway question of arbitrability for the court, not the arbitrator, to decide. Puleo v. Chase Bank USA, N.A, No. 08-3837 (3rd Cir. May 10, 2010).
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