High Court Weighs Class Action Bans In Arbitration

Law360 (November 9, 2010, 8:10 PM EST) -- The U.S. Supreme Court heard competing arguments Tuesday on whether it should uphold a California court's decision to strike down a class action waiver in AT&T Mobility LLC's consumer arbitration agreement in a case that could have far-reaching effects for the resolution of consumer disputes.

The justices hit counsel for both sides with tough questions during oral arguments in AT&T Mobility v. Concepcion as they considered whether the court's decision finding the class action ban unconscionable under California law could stand under the Federal Arbitration Act.

The court seemed wary of trampling on California's unconscionability doctrine but at the same time...

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