Last Thursday, the Supreme Court issued an opinion with a far-reaching impact on employees and consumers who sign mandatory arbitration agreements. When those agreements include class action waiver provisions, victims of unfair business practices can no longer band together to seek redress. In his post — Why Regular People Need to Pay Attention to the Supreme Court’s Arbitration Obsession: American Express Co. v. Italian Colors Restaurant Cries for Amending the Federal Arbitration Act – lawyer and blogger Bryan Schwartz covers the history of this issue at our nation’s highest court and sums up the holding like this –
Today, the Supreme Court (as Justice Elena Kagan’s dissent explains) held as follows, with respect to the fact that arbitration agreements with class action waivers effectively deprive victims of all legal recourse: “Too darn bad.”
The Atlantic Wire article — The Problem with the Supreme Court’s AmEx Decision, Class Action, and You — summarizes the case and offers reaction from the author of an amicus brief arguing against class action waivers on behalf of an association of professional arbitrators.