Archive: March 11, 2015

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Supreme Court Won’t Review Class Arbitrability Question Now, But Second Circuit May Hear Case That Could Generate Circuit Split
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FCC Net Neutrality and Muni Broadband Orders Examined in Upcoming Webcast

Supreme Court Won’t Review Class Arbitrability Question Now, But Second Circuit May Hear Case That Could Generate Circuit Split

By Andrew C. Glass and Roger L. Smerage

The United States Supreme Court recently declined to review a Third Circuit decision holding that ordinarily a court, not an arbitrator, determines the availability of classwide arbitration.  Opalinski v. Robert Half International, Inc.  761 F.3d 326 (3d Cir. 2014), cert. denied No. 14-625, — S. Ct. —-, 2015 WL 998611 (U.S. Mar. 9, 2015).  The Opalinski decision is important to businesses that use consumer arbitration agreements.  The benefits of traditional, individual arbitration – such as lower costs, confidentiality, and the limited scope of an arbitrator’s award – are typically not present in class arbitration.  Having a judge, rather than an arbitrator, make the decision of whether to compel individual or class arbitration is meaningful because a judge’s ruling is subject to the regular appellate review process, while an arbitrator’s ruling is subject to only very limited judicial review.

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FCC Net Neutrality and Muni Broadband Orders Examined in Upcoming Webcast

The FCC’s recent net neutrality order, classifying broadband Internet access as a Title II common carrier offering, along with the FCC’s decision to preempt North Carolina and Tennessee state laws that placed limits on municipal broadband networks will be examined in a special live webcast on Broadband US TV on Friday, March 13th from 1pm-2:30pm (Eastern).

The webcast, entitled “FCC Takes Charge – Net Neutrality and Muni Broadband: New Title II Rules for Broadband Access and Preempting State Limits on Municipal Networks” will present details about the rulings, predictions on implementation and court challenges, and what these rulings are likely to portend for broadband in America over the next year and beyond.

Co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group will be joined by two panels of prominent players and experts on both sides of these white hot issues.

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