The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Class Action Waivers

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NC COA: Tillman Substantive Unconscionability Test No Longer Valid

Posted in Arbitration, Class Action Waivers, North Carolina Court of Appeals
Jurisprudence controlling the enforceability of arbitration provisions has been at the forefront of legal attention for the past decade, and the unanimous decision of a North Carolina Court of Appeals’ (“COA”) panel Torrence v. Nationwide Budget Finances proves that it is still evolving.  Here, evolution breeds uncertainty. In 2008, the North Carolina Supreme Court (“NCSC”)… Continue Reading

Class Action Waivers in Arbitration Clauses are Enforceable

Posted in Arbitration, Class Action Waivers
Recently, in American Express Co. v. Italian Colors Restaurant, a sharply divided United States Supreme Court issued the latest in a series of opinions that protect the enforceability of arbitration agreements.  Our previous post about oral arguments in the case can be found here.  The Supreme Court’s decision clears the way for businesses to require… Continue Reading

Supreme Court Hears Oral Arguments Regarding Limits on Class Arbitration Waivers in Federal Cases

Posted in Class Action Waivers
Recently, the United States Supreme Court heard oral argument in American Express Co. v. Italian Colors Restaurant, a case that will have a substantial impact on the enforceability of arbitration agreements that contain class action waivers.  Italian Colors picks up where the Supreme Court left off in AT&T Mobility, LLC v. Concepción when a sharply divided… Continue Reading