Challenging Class Action Waivers Post-Concepcion

Law360, New York (September 16, 2011, 3:52 PM EDT) -- As antitrust practitioners are no doubt aware, the Supreme Court recently ruled in AT&T Mobility v. Concepcion that “collective-arbitration waivers” (also called “class action waivers”) in AT&T’s consumer contracts — i.e., provisions which required all claims to proceed in arbitration but which prohibited classwide arbitration — could not be invalidated on the basis of the California public policy considerations as embodied in the so-called Discover Bank rule. 563 U.S. ___ (Slip Op. 3, 5).

Of course, it will take some time for all implications of Concepcion...
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