Concepcion Commands A Case-By-Case Analysis

Law360, New York (March 7, 2012, 3:28 PM EST) -- Approximately a year ago, the United States Supreme Court issued its decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Many cheered, or feared, the court’s 5-4 decision as the end of consumer class actions, or even all class actions. Others interpreted the opinion as a narrow, fact-driven decision.

Although it is still early to weigh Concepcion’s influence, it is more evident that the lower courts are reading the decision as requiring a careful case-by-case analysis of the arbitration provision at issue and...
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