Supreme Court Turns the Tide on Class Action Waivers: AT&T Mobility v. Concepcion

more+
less-

For the past few years, courts throughout the U.S. have repeatedly struck down class action waivers under state unconscionability law. In a sweeping decision yesterday, the U.S. Supreme Court reversed that trend, handing down its much-awaited decision in AT&T Mobility v. Concepcion, No. 09-893, 2011 U.S. LEXIS 3367 (U.S. 2011). This decision will affect the class action exposure of businesses in a wide span of industries, and once again places class action waivers on equal footing with other contractual provisions that companies include in their arbitration agreements.

The arbitration provision at issue was part of a two-year AT&T service contract, requiring the Concepcions to arbitrate any disputes with AT&T and prohibiting them from adjudicating their disputes as part of a class action—commonly referred to as a “class action waiver.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×