Two significant and long-awaited decisions in June—American Express Co. v. Italian Colors Restaurant and Oxford Health Plans L.L.C. v. Sutter—addressing the enforceability of class waivers in consumer arbitration agreements.
Enforcement of class waivers in consumer arbitration agreements has been a hotly contested issue since the blockbuster 2011 ruling in Concepcion. Lower courts were divided on the meaning of Concepcion, and the plaintiffs' bar debuted a variety of creative challenges to these agreements.
Provisions requiring arbitration of disputes on an individual basis remain standard in millions of consumer contracts. Practitioners need to understand the new decisions and their impact for attorneys drafting consumer arbitration agreements.
Our panelists, recruited from the country's top law firms, will analyze the two new decisions on class waivers in arbitration agreements from the perspective of part of the team that won AT&T Mobility v. Concepcion in the high Court. The panel will discuss drafting enforceable consumer arbitration agreements in light of the rulings.
The panel will review these and other key questions:
- What are the key take away points for class litigators from the American Express Co. v. Italian Colors Restaurant and Oxford Health Plans L.L.C. v. Sutter rulings?
- What contractual language in consumer arbitration provisions will maximize the enforceability of class waivers?
- What defense strategies should litigators employ in seeking to compel arbitration in a class claims?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
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