Calif. Arbitration Rulings Seek To Dodge Concepcion
Law360, San Diego (March 19, 2012, 10:04 PM EDT) -- California state appeals courts are narrowly interpreting the U.S. Supreme Court's landmark AT&T Mobility LLC v. Concepcion ruling in arbitration disputes, but their apparent efforts to minimize the impact of the decision could draw a rebuke from the high court, attorneys say.
Overturning a Ninth Circuit's holding, the Supreme Court's Concepcion ruling last April found that a California rule against class action waivers in arbitration agreements — which are common in consumer and employment contracts — was preempted by the Federal Arbitration Act. However, nearly a year after that decision, California appeals courts have been reluctant to apply it as they've...
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