Monday, April 18, 2011
We covered earlier AT&T Mobility v. Concepcion, which was argued in November and is still pending in the Supreme Court. The case presents the issue:
Whether the Federal Arbitration Act preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures—here, class-wide arbitration—when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate their claims.
Professor Lawrence Cunningham (George Washington) has some commentary on the case over at Concurring Opinions, in a post titled Supreme Court Arbitration Rhetoric v. Reality and AT&T.