Author Archives: Allison Zieve

9th Circuit to Rehear Case About Mandatory Arbitration of Claims for Public Injunctive Relief

In July, the Ninth Circuit Court of Appeals held in Kilgore v. Key Bank that, in light of AT&T Mobility v. Concepcion, California law holding that claims for public injunctive relief are not subject to mandatory arbitration is preempted by the Federal Arbitration Act. The court held that the California rule does not survive Concepcion […]

Microsoft Adds Class-Action Ban to Service Agreements

Another company reacts to AT&T v. Concepcion. A Forbes article yesterday notes that Microsoft is now including forced arbitration and class-action bans in its customer agreements. The article explains: Recently, [Microsoft] made changes to the Services Agreement governing Hotmail, SkyDrive, Bing, Windows Live Messenger and other online services. The key provision in the Agreement requires […]

Ninth Circuit Revises Opinion Rejecting Cereal Settlement

In July, we wrote about the Ninth Circuit's rejection of a settlement of claims that Kellogg's had misrepresented that kids could improve their attentiveness in school by nearly 20 percent by eating Frosted Mini Wheats for breakfast. The court held that the cy pres was not properly related to the claims and the class, and […]

Supreme Court grants defendant’s petition about federal jurisdiction over state class actions

Today, the Supreme Court granted a petition that asks whether the named plaintiff in a class action filed in state court can prevent removal of the case to federal court under the Class Action Fairness Act of 2005 (CAFA) by filing with the complaint a “stipulation” that states that the class will not damages of […]