Kinkel v. Cingular Wireless LLC

Illinois Supreme Court

Tab Group

U.S. Chamber's Position

NCLC filed twice in this case asking the Illinois Supreme Court to allow NCLC to file briefs supporting Cingular.

NCLC urged the Illinois Supreme Court to uphold the use of provisions barring class-wide arbitration. NCLC explained that many of the benefits of case-by-case arbitration would be forfeited without the provisions. Class arbitrators do not have the case management experience of federal judges who have supervised class actions for the better part of the past four decades. In addition, class-wide arbitration significantly increases the costs to the parties with little attendant benefit beyond class litigation.

Procedural History

Motion to file amicus brief in support of petition for leave to appeal filed 7/8/05. Motion to file amicus brief denied 7/20/05. Motion to file amicus brief on the merits filed 12/28/05. Motion to file amicus brief denied 1/11/06.