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Corporate & Securities Law

: ContractsProf Blog

On Twitter and Links to Two Recent Cases Holding Class Action Waiver = Unconscionable

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First, a recent SDNY (Griesa) decision holding that an arbitration clause in a student loan agreement was unconscionable. The arbitration clause included a class action waiver. Fensterstock v. Education Finance Partners. Second, a recent 9th Circuit decision holding unconscionable the...

Full post as published by ContractsProf Blog on March 31, 2009 (boomark / email).

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Amex Class Action Defense Cases–Homa v. American Express: Third Circuit Reverses Dismissal Of Consumer Fraud Class Action Holding Class Action Arbitration Waiver Unenforceable Under New Jersey Law

Class Action Defense Cases–Franco v. Athens Disposal: California State Court Reverses Order In Labor Law Class Action Compelling Plaintiff To Arbitrate Individual Claims Holding Class Action Waiver Unconscionable

Class Action Defense Cases–Woods v. QC Financial: Missouri State Appellate Court Affirms Trial Court Order Striking Class Action Waiver From Arbitration Clause And Then Compelling Arbitration Of Dispute

Ninth Circuit Invalidates Class Arbitration Waiver Clause and Holds that the Invalidation Is Not Preempted by the FAA

Arbitration Class Action Defense Cases-Lowden v. T-Mobile: Ninth Circuit Affirms District Court Denial Of Defense Motion To Compel Arbitration Of Class Action Finding Class Action Waiver In Arbitration Agreements Unconscionable And Unenforceable

Arbitration Class Action Defense Cases–Pleasants v. American Express: Eighth Circuit Affirms Order Dismissing Class Action And Compelling Arbitration Of Individual Claim Holding Class Action Waiver In Arbitration Clause Enforceable Under FAA









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