Is Class Arbitration Dead?

Law360, New York (May 17, 2011, 2:09 PM EDT) -- In the wake of the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011), class arbitration may be on life support. In a 5-4 decision, the court held that state laws requiring the availability of class action procedures in arbitration are preempted by the Federal Arbitration Act.

The dispute arose when Vincent and Liza Concepcion signed a wireless telephone service contract with AT&T Mobility that included a “free” wireless telephone. AT&T Mobility collected $30.22 in sales tax based on the...
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