U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth The Wait

Editors’ Note: This post, originally authored by John Lewis and Dustin Dow and published on BakerHostetler’s Employment Class Action blog, is reprinted with permission. The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any … Continue Reading

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into Arbitration

By Carey Busen on March 11, 2013 Posted in Alternative Dispute Resolution, Arbitration, Class Action Litigation

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).) The Eighth Circuit recently weighed in on arbitration issues, holding … Continue Reading

Third Circuit Warns Against Belated Arbitration Demands

By Carey Busen on December 5, 2012 Posted in Alternative Dispute Resolution

Parties should not “use federal court proceedings to test the water before taking a[n arbitration] swim,” the Third Circuit recently cautioned when overturning an Eastern District of Pennsylvania’s decision granting a motion to compel arbitration. In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).… Continue Reading