On April 27, 2010, the Supreme Court announced its decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corporation. The question in this case was whether imposing class arbitration on parties whose arbitration clauses are "silent" on that issue is consistent with the Federal Arbitration Act. In a 5-3 opinion delivered by Justice Alito, the Court held that imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act.
To discuss the case, we have Timothy Sandefur, who is a National Litigation Center Principal Attorney at the Pacific Legal Foundation. Mr. Sandefur submitted an amicus brief in support of Stolt-Nielsen. He also submitted an amicus brief in Rent-A-Center v. Jackson, a case that he mentions in this podcast.