TITLE

Arbitration and Class Actions after Bazzle

AUTHOR(S)
Estreicher, Samuel; Puma, Michael J.
PUB. DATE
August 2003
SOURCE
Dispute Resolution Journal;Aug-Oct2003, Vol. 58 Issue 3, p12
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article analyzes the U.S. Supreme Court's decision in the case of Green Tree Financial Corp. v. Bazzle in order to provide guidance to drafters of arbitration clauses. In this case, the court vacated two multi-million dollar classwide arbitration awards, holding that it is for the arbitrator, not a court, to decide whether an arbitration agreement silent on the point authorizes the pursuit of class claims. The plaintiffs in Bazzle had signed mandatory arbitration agreements with Green Tree Financial related to certain home loans. When Green Tree failed to provide its customers with forms required by the South Carolina Consumer Protection Code advising them of their rights to name a lawyer as an insurance agent for the transaction, the plaintiffs filed two separate actions against the lender. Justice Stephen Breyer's opinion for the plurality sidestepped the question on which the court had granted certiorari. The court remanded the case because the rulings of the South Carolina courts deprived the parties of a decision by the arbitrator on the issue of whether to certify a classwide arbitration. The Supreme Court's ruling in Bazzle highlights the importance of spelling the issue out in the arbitration agreement, lest the arbitrator be empowered to interpret silence or ambiguity differently.
ACCESSION #
10854761

 

Related Articles

  • Supreme Court Watch.  // Dispute Resolution Journal;May-Jul2003, Vol. 58 Issue 2, p4 

    The article reports that the U.S. Supreme Court heard argument in the case of Green Tree Financial Corp. V. Bazzle on April 22, 2003. The court decision on the case will address whether similar consumer claims may be consolidated as a class arbitration when the arbitration clause is silent on...

  • Amici Argue Supreme Court Should Overturn "Southland".  // Dispute Resolution Journal;May-Jul2003, Vol. 58 Issue 2, p4 

    The article reports that a group of law professors have filed an amicus brief with the U.S. Supreme Court concerning the case of Green Tree Financial Corp. v. Bazzle. The brief argues that the court should reconsider reconsider its longstanding holding in the case of Southland Corp. V. Keating....

  • Circuit City Arbitration Clause Struck Down.  // Dispute Resolution Journal;Aug-Oct2003, Vol. 58 Issue 3, p7 

    The article reports that on May 13, 2003, the U.S. Court of Appeals for the 9th Circuit rejected electronics retailer Circuit City's arbitration clause for the second time in two years. In its ruling, the 9th Circuit said giving prospective employees time to review an arbitration agreement prior...

  • Statute of Limitations in FAA § 9.  // Dispute Resolution Journal;Aug-Oct2003, Vol. 58 Issue 3, p92 

    The article discusses the court rulings in the case between Photopaint Technologies LLC and Smartlens Corp. The 2nd Circuit ruled, in a decision of first impression, that a one-year statute of limitations applies to motions to confirm an arbitration award governed by the Federal Arbitration Act...

  • court news in brief.  // Dispute Resolution Journal;Aug-Oct2003, Vol. 58 Issue 3, p8 

    This article presents news briefs on arbitration cases in the U.S. as of August 2003. In Poland Spring Corp. v. United Food & Commercial Workers International Union, the arbitrator exceeded the scope of his authority under the collective bargaining agreement by reinstating an employee because...

  • construction news.  // Dispute Resolution Journal;Aug-Oct2003, Vol. 58 Issue 3, p8 

    This article presents news briefs on arbitration cases in the U.S. construction industry as of August 2003. In Lee L. Saad Construction Co. v. DPF Architects, a prior arbitration between the contractor and owner did not preclude a later tort action against the architect, a non-party to the...

  • Litigation over ARBITRATION. Neil, Martha // ABA Journal;Jan2005, Vol. 91 Issue 1, p50 

    Deals with the enforcement of arbitration clauses in the U.S. as of January 2005. Reason of companies for choosing arbitration over litigation; Status of the litigation of employment cases by the federal civil system; Disadvantages of arbitration for consumers; Issues on mandatory arbitration...

  • LABOR -- PROHIBITORY CLAUSE -- PRECLUDES ARBITRATION.  // Arbitration Journal;Dec75, Vol. 30 Issue 4, p289 

    The article focuses on a court decision involving arbitration law in the U.S. The court affirmed decision of the lower court which denied a motion to compel arbitration where the collective bargaining agreement provides that "the exclusive remedy for a non-tenured teacher who has not been given...

  • SUPREME COURT PASSES ON RICO CLAIMS DETERMINATION.  // Dispute Resolution Journal;May-Jul2003, Vol. 58 Issue 2, p4 

    The article reports that the U.S. Supreme Court refused to rule on the issue of whether parties can be forced to arbitrate claimed violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) when their arbitration agreement limited the availability of punitive or exemplary...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics