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The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant

On July 3, 2013 by Schnader in Finance

Schnader Alert by Stephen A. Fogdall: The U.S. Supreme Court has ruled that the Federal Arbitration Act requires courts to enforce a contractual waiver of class action procedures in an arbitration clause, even where the practical effect of such a waiver is to bar claimants from asserting claims under federal law […]

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Sixth Circuit Holds That Arbitrator, Not the District Court, Must Decide if Plaintiff’s Class Claims are Barred by Waiver in Arbitration Agreements

On June 18, 2013 by Schnader in Finance

By Christian Sheehan On June 11, 2013, in Lowry v. JPMorgan Chase Bank, N.A., the Sixth Circuit held that an arbitrator, not the district court, must decide whether the plaintiff’s class claims were barred by a class-action waiver in the parties’ arbitration agreement. The Court explained that although questions of arbitrability […]

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