AFA Re-Introduced

Senator Al Franken has re-introduced the Arbitration Fairness Act, this time with provisions that specifically would overturn Concepcion.  Whether the bill will gain traction this time around depends on whether supporters can rally behind the Supreme Court's awful Concepcion decision.  I think it's too early.  What will galvanize attention is for a court applying Concepcion to nuke judicial access in a case involving a lot of very sympathetic plaintiffs.  Supporters of the AFA will then be able to point to that case to demonstrate the merits of some version of the AFA.

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