1 Analyses of this case by attorneys

  1. Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative Remedies

    Cadwalader, Wickersham & Taft LLPMay 18, 2012

    The Court also reviewed the three general grounds for avoiding an exhaustion requirement. The District Court quotedMcCarthy v. Madigan, 503 U.S. 140 (1992), as follows: This Court’s precedents have recognized at least three broad sets of circumstances in which the interests of the individual weigh heavily against requiring administrative exhaustion. First, requiring resort to the administrative remedy may occasion undue prejudice to subsequent assertion of a court action.