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In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; [1] however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract ...
A "naked" class action waiver is a version of the waiver where the contract in which the waiver is found is not attached to an arbitration agreement. Class action waivers are only protected from state legislatures' actions through the Federal Arbitration Act, if they are bundled with an agreement to send disputes to arbitration.
So-called forced arbitration clauses say that in the event of a dispute, you won't be able to file a class-action suit. Instead, your dispute will be settled one-on-one in a private arbitration forum.
Health insurance in the United States. Health insurance marketplaces; Premium tax credit; Managed care (CCP) Exclusive provider organization (EPO) Health maintenance organization (HMO) Preferred provider organization (PPO) Medical underwriting
The Ninth Circuit court determined that the contract's arbitration clause, which precluded class arbitration, was unconscionable under California's Discover Bank rule. The rule allowed for a class action suit "where a party with superior bargaining power was alleged to have cheated large numbers of consumers out of individually small sums of ...
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
Mintz Levin was founded in 1933, in the midst of the great depression, by Benjamin Levin and Haskell Cohn, who first met as classmates at Harvard Law School. The firm began practicing under the name Mintz, Levin and Cohn after Herman Mintz became a legal collaborator in 1937, and then a partner in 1939. [5]