The United States Court of Appeals for the Eighth Circuit recently joined the cadre of courts to uphold class action waivers in arbitration agreements. In Cicle v. Chase Bank USA, the court held that a Missouri woman's putative class action suit against a credit card company was barred due to theclass action waiver in her card agreement's arbitration clause. The Eighth Circuit reversed a sharply worded federal district court order and rejected the plaintiff s contention that the class action waiver was a "de facto immunity provision" for the credit card company which would leave her and other similarly situation plaintiffs effectively without a remedy. In reaching its decision, the Eighth Circuit overlooked Missouri's fundamental public policy disfavoring class action bars in arbitration provisions and effectively ignored several Missouri state court decisions handed down after oral argument that starkly conflict with the court's decision.
Lucinda Housley Luetkemeyer,
In a Class of Their Own: The Eighth Circuit Upholds a Credit Card Agreement's Class Action Waiver and Mandatory Arbitration Clause,
76 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol76/iss1/8