In the January 2007 issue of TRIAL magazine, Associate Editor Allison Torres Burtka reports on the Illinois Supreme Court’s decision in Kinkel v. Cingular Wireless, 2006 WL 2828664 (Ill. Oct. 5, 2006). Allow me to quote her quoting me:
"The Kinkel court’s analysis is pretty close to the First Circuit’s in Kristian v. Comcast,” noted Barry Barnett of Dallas, who represents the Kristian plaintiffs. In that case, the First Circuit struck down a class action ban, holding that it frustrated the enforcement of federal statutory rights. (446 F.3d 25 (1st Cir. 2006)); see Allison Torres Burtka, Courts Weigh in on Class Action Bans in Arbitration, TRIAL 16 (Sept. 2006).)
Barnett said that Kinkel “signals a definite trend in federal and state courts toward striking down class action bans in arbitration agreements,” especially considering that “Illinois is a state not known for extreme pro-consumer decisions.”
Check out Barnett’s Notes on Commercial Litigation.
© 2007 Barry Barnett. All rights reserved.