Class Dismissed: Recent Lessons From The Supreme Court

Law360, New York (July 25, 2013, 8:08 PM EDT) -- It’s a new world for class action litigation, thanks to the U.S. Supreme Court – one in which arbitration agreements are powerful, and class certification may be significantly more difficult to achieve. The Supreme Court’s recent class action decisions have dramatically altered the landscape, and lessons abound.

Class Actions And Arbitration

In AT&T Mobility LLC v. Concepcion, the Supreme Court ruled that the Federal Arbitration Act preempted a California judicial rule that invalidated class action waivers in consumer contracts of adhesion as unconscionable.[1] The court held that, given the FAA’s overarching purpose of “ensur[ing] the enforcement of arbitration agreements according to...

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