BNA Class Action Litigation Report

    View Authors September 2010

    The US Supreme Court ruling in Stolt-Nielsen S.A. v. Animalfeeds Int’l Corp. effectively put an end to class arbitration. In this article, Squire Sanders partners Amy L. Brown and Pierre H. Bergeron, and associate Colter Paulson look at how the misreading of an earlier decision led to class arbitration evolving from a “rare and unfamiliar procedure” to a commonly accepted method of resolving disputes. They discuss how, with Stolt-Nielsen and other recent decisions, the Court “has cleared a path to hold that state-law doctrines forbidding class action waivers cannot overturn contracts that require individual arbitration.”

    This article is reprinted with permission from BNA Class Action Litigation Report.