Tag Archives: Supreme Court

SCOTUS: Unaccepted Settlement Offers Don’t Moot Class Actions

Today, the Supreme Court of the United States ruled that unaccepted offers of settlement under Federal Rule of Civil Procedure 68 do not moot a named plaintiff’s claims in a putative class action. In Campbell-Ewald Co. v. Gomez, Justice Ginsburg, writing … Continue reading

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SCOTUS: If Arbitration is Too Expensive, Just Buy Some More Money

We haven’t said much about arbitration lately because we’ve been waiting to see what the Supreme Court would do about class arbitration waivers in the American Express case. (See our earlier post on this case here.) Now we know… Today, … Continue reading

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SCOTUS (Yet Again) Affirms FAA Preemption

Maybe West Virginia didn’t get the memo.  In Marmet Health Care Center, Inc. v. Brown, the U.S. Supreme Court, once again, held that state and federal courts must enforce the Federal Arbitration Act as to all arbitration agreements it covers.  … Continue reading

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Supreme Court: Just Because the Statute Tells You That You Have a Right to Sue, That Doesn’t Mean You Actually Have a Right to Sue

Observers of the U.S. Supreme Court’s arbitration jurisprudence over the past several years will not be shocked by this one.  Let’s face it: the Court loves it some arbitration. The Court today held that the Credit Repair Organizations Act–which requires … Continue reading

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