Upcoming From the
Kentucky Supreme Court - Class Action Arbitration
In Schnuerle v. Insight Communications Co., L.P., 2010 WL 5129850,
2010 KY LEXIS 288 (Ky. 2010), the Kentucky Supreme Court struck down a waiver
of class action arbitration set forth in a consumer contract. In striking down that waiver, the Kentucky
Supreme Court relied upon the Discover
Card decision of the Ninth Circuit Court of Appeals. After the Kentucky Supreme Court made its
ruling, in ATT Mobility LLC v. Concepcion,
563 U.S. _____ (2011), the United States Supreme Court upheld waivers of class
action arbitration and specifically overruled the Discover Card decision.
The question of class action
arbitration waivers in Kentucky is therefore again pending before the Kentucky
Supreme Court. Oral arguments on the
case took place in February 2012.
No comments:
Post a Comment