Arbitration and Consumers Flashcards
1
Q
AT&T v. Vincent
A
Rule: State law cannot be an obstacle to accomplishing the purposes of the FAA.
Held: state law prohibiting class-action waivers in adhesion consumer contracts is displaced by the FAA.
This is a good policy case.
2
Q
Oxford Health
A
Arbitrator’s contract interpretations are reviewed only for failure to construe the contract.
The rightness or wrongness of that interpretation is not for the court to review.
3
Q
American Express
A
FAA does not permit court to invalidate waiver of class arbitration just b/c P’s costs > potential recovery (effective vindication).
In other words, effective vindication does not invalidate class action waivers.
