One of the most enduring legacies of the Roberts court may be its enshrinement of the supremacy of arbitration agreements, even in cases where arbitration may not offer plaintiffs a plausible avenue of redress. For example, the U.S. Supreme Court has required the enforcement of arbitration provisions in so-called "contracts of adhesion" with class action waivers,[1] and in complex antitrust and other commercial cases where the cost of individual arbitration may be prohibitively high.[2]
[1] AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); see also Stolt-Nielsen S.A. et al v. Animalfeeds Int'l Corp., 559 U.S. 662 (2010) (holding that arbitrator could not impose classwide arbitration on parties that had not specifically agreed to it).
[2] Am. Express Co. v. Italian Colors Rest., 570 U.S. 228 (2013).
Related Attorneys
Partner
Partner
