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Expert Analysis

Did The Supreme Court Mean What It Said In Concepcion?

Law360, New York (November 16, 2012, 1:00 PM EST) -- In AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the United States Supreme Court appeared to finally settle the issue of whether class arbitration waivers can be enforced. They can. Ever since, the plaintiff class action bar has tried to find a way around Concepcion, arguing that enforcement of the class arbitration waiver will essentially prevent consumers from enforcing their statutory rights. The Eleventh and Ninth Circuits have rejected those efforts, but the Second Circuit has offered the plaintiff bar a ray of hope, at least for now. The Supreme Court has agreed to resolve the split....

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