U.S. Supreme Court,
Labor/Employment
Jul. 21, 2010
Is the Supreme Court Ready To Validate Class Action Waivers?
California and the 9th Circuit have been leaders in holding that class action waivers are unenforceable, but this may be changing, write Brian Kabateck and Evan Zucker of Kabateck Brown Kellner
Brian S. Kabateck
Founding and Managing Partner, Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
Promoted by consumer services providers - and in fields as diverse as consumer banking and mobile phone services - more and more contracts are including arbitration provisions. This is not new. But contracts now often include, within the arbitration provision, a waiver of a consumer's right to bring a claim as a representative of a class action. California and the 9th U.S. Circuit Court of Appeals have been leaders in holding that these class action waivers are often unconscionable and u...
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