Developments Regarding Arbitration and Class Action Waivers

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes that the Supreme Court will hear an appeal of a February 2012 holding that an arbitration and class action waiver provision was unenforceable where the action was based upon federal antitrust statutes and the evidence showed that the prohibitive costs of individually proceeding in arbitration, as a practical matter, would not give the plaintiffs an opportunity to "vindicate their statutory rights."

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