Measuring The Aftershock Of AT&T V. Concepcion

Law360, New York (June 9, 2011, 12:36 PM EDT) -- In the wake of the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011), class arbitration appears to be hanging on by a mere thread. In a 5-4 decision, the Supreme Court held that the Federal Arbitration Act (FAA) preempts California state law, which deems class arbitration waivers in consumer contracts of adhesion unconscionable in disputes over small amounts of damages.

In AT&T Mobility LLC v. Concepcion, the court struck down California’s rule on the grounds that such a rule...
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