April 27, 2011
Another Supreme Court Decision on Arbitration
Today, the U.S. Supreme Court decided AT&T Mobility LLC, v. Concepcion. Here is the opinion. In a nutshell, the Court determined by a 5-4 majority that California's Discover Bank rule, which permits courts to strike as unconscionable any arbitration provision that prohibits class actions, was preempted by the Federal Arbitration Act. Take a guess which Justices were in the majority!
Lacking the expertise to delve into the Serbonian Bog of the Court's recent arbitration rulings, we refer our readers to the following sites:
SCOTUSblog does its usual reliable job providing background to the case here.
We will try to update the list as new responses are posted.
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