Concepcion Preempts Class Action Waiver Law: Calif. Court

Law360, New York (October 17, 2012, 5:45 PM EDT) -- A California state appeals court on Tuesday reversed a lower court's ruling that a class action waiver in an arbitration agreement was unenforceable, ruling the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion invalidates a state law prohibiting class action waivers in consumer contracts.

The appeals court reversed a Ventura County court's decision and remanded the case, involving a dispute between plaintiff Eric Sherf and car dealership Rusnak/Westlake, for further proceedings over whether the arbitration is unconscionable.

“We hold that Concepcion invalidates California authority...
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