In 2017, Common Ground Healthcare Cooperative, a small Wisconsin-based nonprofit health cooperative, filed a putative class action against the federal government alleging that the U.S. had not fully paid the risk corridors program and cost-sharing reduction (CSR) payments for some plan years as required under the Patient Protection and Affordable Care Act (ACA). According the …
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Practical Considerations Regarding Class Action Waivers in Arbitration Agreements
After the Supreme Court decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) – which held that class action waivers in arbitration agreements are valid under the Federal Arbitration Act (“FAA”) – companies rushed into class action waiver arbitration agreements without heeding the proverb, “Look before you leap.” While avoiding class actions is …