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Expert Analysis

9th Circ. Weakens Arbitration Clauses Post-Concepcion

Law360, New York (February 7, 2014, 4:09 PM EST) -- The Ninth Circuit continues to chip away at the enforceability of arbitration agreements as agreed upon by parties. Since the advent of the U.S. Supreme Court's landmark decision, AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), which boldly affirmed the supremacy of the Federal Arbitration Act over state laws restricting arbitration agreements, California state courts, as well as the Ninth Circuit, regularly issue decisions diminishing parties' freedom to shape arbitration agreements as they see fit. The Ninth Circuit's recent ruling in In re Wal-Mart Wage and Hour Employment Practices Litigation, 737 F.3d 1262 (9th Cir. 2013) is no different....

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