A divided Supreme Court held this week that the Federal Arbitration Act (FAA) that a states requirement of the availability of classwide arbitration interferes with the fundamental attributes of arbitration and thus creates a scheme inconsistent with the FAA. AT&T Mobility LLC v. Concepcion, No. 09-893, U.S. Supreme Court (April 27, 2011). The case was brought by a California couple who objected to a $30 charge for what was supposed to be a free cellphone. The agreement that they signed… Continue

Carol Whitworth signed a Sales Manager Employment Contract (“Employment Contract”) with McBride & Son on June 30, 2005.  The Employment Contract had a binding arbitration clause but did not describe the procedures or guidelines for arbitration.  The Employment Contract was also signed by the employer.  About one week later Whitworth was asked to complete an application for employment (“Application”).  The Application which was signed by Whitworth, but not by the employer, also contained…

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