Category Archives: U.S. Supreme Court

Today’s Recess Appointment News

by Deepak Gupta The Arbitration Wars Meet the Recess Appointment Wars: Since its beginning, this blog has closely covered controversies over mandatory arbitration in consumer and employment contracts. More recently, we've been covering the constitutional controversy over the President's recess appointments to the CFPB and NLRB. On Tuesday, those two worlds officially collided when lawyers […]

Bottomside Briefs in American Express Arbitration Case, Including Briefs of the U.S. Solicitor General and 22 States

by Deepak Gupta Since at least 2009, this blog has covered (e.g. here and here) the long-running saga of American Express v. Italian Colors, an antitrust dispute that raises fundamental questions about the limits of federal arbitration jurisprudence. The case, now before the Supreme Court, presents the question whether an arbitration clause should be enforced […]

Freer on Recent (and Future?) Supreme Court Class Action Cases

Richard D. Freer of Emory has written The Supreme Court and the Class Action: Where We Are and Where We Might Be Going.  Here's the abstract: In 2010 and 2011, the Supreme Court decided five class action cases. In 2012, it has agreed to hear four more. This piece summarizes what the Court has done […]

The Ninth Circuit’s En Banc Argument in Kilgore v. Keybank

An 11-judge en banc panel of the Ninth Circuit heard oral argument this week in Kilgore v. Keybank, an important consumer arbitration case. Kilgore presents the question whether the Federal Arbitration Act and the Supreme Court's decision in AT&T v. Concepcion require courts to enforce arbitration clauses even when they would block consumers from pursuing […]

Free Webinar on the CFPB’s Amicus Program Next Wednesday

Next Wednesday (November 21), at noon, I'll be presenting a free webinar focusing on the Consumer Financial Protection Bureau's amicus program from both consumer and industry perspectives. On the industry side, I'll be joined by Alan Kaplinsky and Christopher Willis of Ballard Spahr's Consumer Financial Services Group. We'll discuss the factors likely to influence the […]

Constitutional Challenge to Fair Credit Reporting Act Rejected

In the wake of the Supreme Court’s decision last year in Sorrell v. IMS Health, there’s been a lot of speculation about the extent to which previously accepted commercial speech regulation may now be subject to “heightened” or strict scrutiny under the First Amendment. Sensing an opportunity, lawyers who regularly represent consumer reporting agencies invoked […]