SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class arbitration unless the parties’ arbitration agreement explicitly authorizes class arbitration. Because agreements expressly authorizing class arbitration generally do not exist, we thought the Lamps Plus ruling – for the most part – signaled the end of class arbitration....
By: Kilpatrick Townsend & Stockton LLP

Array