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According to FINRA, Through July 2023, there were 1,914 new cases filed for arbitration. 163 customer claimant cases had been decided through July 2023 and in 26% of those cases, customers were awarded damages. [53] [54] [48] FINRA rates any positive award to a customer as a win for the customer, regardless of the magnitude of losses or legal fees.
Badgerow v. Walters, 596 U.S. ___ (2022), was a United States Supreme Court case concerning when, if ever, federal courts have subject matter jurisdiction to confirm or vacate arbitration awards under the Federal Arbitration Act (FAA).
Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").
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 ...
FINRA also has a search tool called BrokerCheck where you can find out if any disciplinary action has been taken against an adviser; it also has a list of brokers who have been barred.
Luxottica N. Am., Inc. in 2015, and the Supreme Court denied certiorari in both cases. After Epic Systems Corp. v. Lewis, which reiterated the FAA's preemption of most state laws opposing arbitration, corporations again questioned the viability of PAGA claims. Angie Moriana worked as a sales representative for Viking River Cruises from 2016 to ...
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