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Thursday, November 11, 2010

Cunningham on AT&T v. Concepcion

Over at Concurring Opinions, Lawrence Cunningham (Geo. Washington) offers a recap of the argument in AT&T v. Concepcion (the Supreme Court case that pits the big telephone company against the plaintiffs' class action  bar) with his commentary.  His take on the likely result:

Based on what was said during the argument, I predict a 8-1 or 7-2 vote for the consumers and California, with Alito dissenting and Roberts a toss up. Thomas, who never speaks at oral argument, will vote for the consumers and state on federalism grounds, as he always does in FAA cases.

Pretty gutsy call.  I think most folks see it as closer.

FGS

http://lawprofessors.typepad.com/contractsprof_blog/2010/11/cunningham-on-att-v-concepcion.html

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