Close X
Attorney Spotlight

How did Mike DeAgro's experience co-founding a nonprofit advocacy organization lead to a career in the legal field? Find out more>


Close X


Search our Experience

Experience Spotlight

Envision to Sell to KKR for $9.9 Billion

We represented Envision Healthcare Corporation (NYSE: EVHC) in its definitive agreement to sell to KKR in an all-cash transaction for $9.9 billion, including debt. KKR will pay $46 per Envision share in cash to buy the company, marking a 32 percent premium to the company's volume-weighted average share price from November 1, when Envision announced it was considering its options. The transaction is expected to close the fourth quarter of 2018. Read more

Envision Healthcare

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Six Things to Know Before Buying a Physician Practice spotlight

Dermatology, ophthalmology, radiology, urology…the list goes on. Yet, in any physician practice management transaction, there are six key considerations that apply and, if not carefully managed, can derail a transaction. Download the 6 Things to Know Before Buying a Physician Practice to keep your physician practice management transactions on track.

Click here to download the guide.

Judge in Overdraft Fee MDL Sends Putative Class Action Claims to Arbitration


August 30, 2013

Since 2010, the Supreme Court and the Eleventh Circuit Court of Appeals have issued several influential pro-arbitration rulings which are beginning to impact financial services litigation. At least one district court recently held that a bank’s use of an arbitration provision in a customer agreement is enforceable, requiring the dismissal of a putative class action being brought by that customer.

In August 2010, the Supreme Court held that even the question of enforceability of the arbitration clause was a question for the arbitrator, not a court, and the Court further limited the ability of employees and consumers to challenge the fairness of arbitration provisions. Rent-A-Center West v. Antonio Jackson, 130 S. Ct. 2772 (2010). Rent-A-Center is widely viewed as an important pro-arbitration shift in the law of arbitration clause enforceability. Two additional cases have since extended the pro-arbitration policy to uphold class action waivers in consumer contracts. 1

In light of these recent decisions, this week a Florida federal judge overseeing multiple overdraft fee lawsuits found that certain account agreement arbitration provisions were valid and enforceable.2  The judge then dismissed putative class suits by bank customers whose account agreements included these arbitration provisions.

The August 28, 2013 decision of the Florida judge came just one day after the court heard oral argument on the issue. The court's decision is particularly significant because it had previously denied motions to dismiss filed by various banks, and had permitted bank customers, over the banks' objections, to proceed with discovery in their lawsuits. In fact, the judge previously rebuffed a bank's attempt to enforce its arbitration provision, holding that the provision was unenforceable and unconscionable because it contained a class action waiver which he believed unfairly protected the bank from liability. The judge further ruled that the agreement was impermissibly one-sided.

The federal court's reversal is especially noteworthy not only because it follows and adds to the growing body of law in favor of arbitration, but also because it upholds an arbitration provision specifically in favor of financial institutions in a highly-watched series of overdraft fee class action lawsuits. The decision of the Florida court helps widen the door for financial institutions to use arbitration provisions to avoid costly, time-intensive and public litigation, especially class action lawsuits, in favor of private dispute resolution. Financial institutions should review their customer agreements and consider whether an appropriately tailored arbitration clause would help them achieve their business and litigation strategies.


1  AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and Cruz v. Cingular Wireless LLC, 648 F.3d 1205 (11th Cir. 2011).

2  See KeyBank Order and Wells Fargo Order.

In Case You Missed It:

Related Professionals

Related Services


Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.