Class Action Exposure Post-Concepcion

Law360, New York (May 27, 2011, 3:33 PM ET) -- It was the class action shot heard ‘round the world. On April 27, U.S. Supreme Court Justice Antonin Scalia, writing for the majority, effectively vitiated a consumer’s right to bring class action lawsuits by holding that class action waivers in arbitration agreements are enforceable, and contrary state laws are preempted by the Federal Arbitration Act (FAA). But does this decision really end class action litigation as we know it? In short, no.

Even in light of this landmark decision, areas of exposure still remain for businesses....
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