Court Orders Wide Ranging Discovery In High Profile Gender Discrimination Class Action

It seems like every few months we’re writing about another pro-arbitration decision.  A few months ago, for example, we wrote about the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, which held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even if individual arbitration is economically unfeasible.  (See discussion here.)  This and other decisions build on AT&T Mobility LLC v. Conception, where the Supreme Court held that the FAA preempts a California rule that invalidated class action waivers in arbitration agreements as unconscionable.

So, should companies read these pro-arbitration decisions as giving them carte blanche to draft their arbitration agreements?  Can they say goodbye to class and collective actions?  Not necessarily.

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