Questioning The Enforcement Of Arbitration Provisions

Law360, New York (March 30, 2012, 1:02 PM EDT) -- The U.S. Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion[1] has ushered in complete federal preemption over the enforceability of arbitration agreements even in the face of state public policy arguments to the contrary.

In Concepcion, the high court struck down a California Supreme Court decision — based on a California statute that codified the unconscionability defense — that prohibited class action waivers from being included in an arbitration clause in a consumer contract.

Although the contract in question clearly involved interstate commerce and...
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