Alternatives Arbitration Preview: Case Law on Class Waivers—'Like a Bridge Over Troubled Water' (April 4)
April 4, 2012
Coming next week: Jay W. Waks and Carlos L. Lopez, of New York’s Kaye Scholer LLP, revisit class arbitration in the new April Alternatives, a special issue highlighting women in ADR.
Following on their December Alternatives cover story, Waks and Lopez discuss a very-recent Second Circuit decision that is the only case after the U.S. Supreme Court’s AT&T Mobility v. Concepcion (131 S.Ct. 1740 (April 2, 2011)) opinion to void a class action waiver solely because the plaintiffs successfully demonstrated that the waiver's enforcement would make it prohibitively expensive for the plaintiffs to vindicate their federal rights.
AT&T Mobility seemed categorical: contract provisions waiving class proceedings in arbitration were valid.
Next week, you’ll find out why the authors are saying that this issue could be back before the U.S. Supreme Court again, in their featured article “Class Waivers & Statutory Rights in the Post-AT&T Mobility World: ‘Like a Bridge Over Troiubled Water,*’” 30 Alternatives 81 (2012).
The special expanded April issue highlights Women in Conflict Resolution, in cooperation with the American Bar Association’s Section of Dispute Resolution. There are four articles highlighting gender, negotiation, and business practices by leading business writers and ADR experts:
• Victoria Pynchon on what ADR providers need to do to defeat sexist practice stereotypes;
• Vivian Berger on the importance of gender in choosing a mediator;
• Marjorie Corman Aaron on women, men and negotiating dynamics, Vivian Berger, Marjorie Corman Aaron, and
• Our regular Worldly Perspectives columnists Giuseppe De Palo and Mary B. Trevor, who interviewed five women in ADR from five European countries for their international practice perspectives.
You’ll find the new issue here on April 13. At that link, check out the indexes. And CPR members and subscribers can check out the articles, with links to nearly 30 years’ worth of searchable archives, and details on getting Alternatives for your iPhone and iPad.