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NIXON PEABODY'S SCOTT O'CONNELL FEATURED IN LEXISNEXIS LAW 360 ARTICLE "ATTORNEYS REACT TO HIGH COURT'S ARBITRATION RULING"
The U.S. Supreme Court ruled 5-3 Thursday that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover. LexisNexis, in their Law360 article "Attorneys React To High Court's Arbitration Ruling" interviewed and quoted attorneys from law firms as to why this ruling is significant.
Included was Nixon Peabody's Scott O'Connell, who said, "The majority opinion brings to mind a popular cellular carrier's recent ad campaign: 'Do you hear me now?' The troika of Stolt-Nielsen, Concepcion and AmEx opinions make plain that precious few grounds will invalid class action waivers in arbitration agreements. AmEx renders further efforts by lower courts to read Concepcion narrowly and find ways around class action waivers almost futile. Indeed, the dissent has virtually decimated any colorable arguments that state statutes can be the basis of a waiver under a vindication of rights theory. Such arguments are easily dispatched by Supremacy Clause principles. Recent decisions in California and Massachusetts relying on state policies to invalidate class waivers are effectively reversed by this decision."
Subscribers to the Law360 service can read the full article here.