Circuit split · arbitration law
Whether class-action waivers contained in arbitration clauses are enforceable
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Lowden v. T-Mobile USA, Inc.512 F3D 1213
Ninth Circuit Court of Appeals · January 22, 2008
“The court also acknowledged the clear split of authority on the enforceability of class action waivers in arbitration clauses.” — Split of authority
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · Wash.Scott v. Cingular Wireless160 Wash.2d 843
“In that case, the Washington State Supreme Court considered the enforceability of an arbitration provision within a service agreement binding Cingular Wireless customers, and held that the agreement was unconscionable and unenforceable under Washington law.” — Lowden v. T-Mobile USA, Inc., acknowledging the split
What the split turns on
- Doctrines & tests:
- substantive unconscionability
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.