Recent Supreme Court ruling on class action waivers in arbitration agreements draws fire

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.

Jean Hyams

About Jean Hyams

Jean K. Hyams is a founding partner of Levy Vinick Burrell Hyams LLP, a Bay Area boutique law firm focused on representing employees in employment disputes. She left a career as a manager in high-tech companies to pursue her dream of becoming a civil rights lawyer. She has been named by Northern California Super Lawyers as one of the Top 50 Women Lawyers in Northern California for the past five years and her firm has been rated one of the Best Law Firms (Tier 1 – Employment Law) by U.S. News and World Report. After almost a quarter-century in practice, she now also serves as a court-appointed and private mediator of employment disputes. Jean is Co-Chair of the CELA VOICE.

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