A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide.
A recent Illinois Supreme Court decision, Sandholm v. Kuecker, creates additional complexity when seeking dismissal based on Illinois’s anti-SLAPP ("Strategic Lawsuit Against Public Participation") statute.
On June 25, 2010, a federal court in New York granted summary judgment dismissing consumer class action claims against Bank of New York arising from the loss of unencrypted computer back-up tapes. "Hammond v. The Bank of New York Mellon Corp.", Case No. 1:08-CV-06060 (S.D.N.Y. June 25, 2010); 2010 WL 2643307 ("BNY Litigation").