Law360, New York (March 9, 2016, 11:25 AM EST) -- U.S. Supreme Court Justice Antonin Scalia's majority opinion in AT&T Mobility v. Concepcion,[1] endorsing the use of arbitration agreements to impose mandatory waivers of the right to assert class claims, has had major impacts. In the aftermath of Concepcion, "[i]t has become routine ... for powerful economic enterprises to write into their form contracts with consumers and employees no-class-action arbitration clauses."[2] But "Concepcion was a closely divided case, resulting in a decision from which four justices dissented."[3] The death of Justice Scalia thus creates a situation in which the Supreme Court may re-examine Concepcion, at least as it applies to employment agreements, and restrict the now-routine use of class action waivers....
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