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AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011)

Articles Discussing Case:

Divided Supreme Court Endorses Use of Class Arbitration Waivers

Ogletree Deakins • April 29, 2011
On April 27, 2011, a divided U.S. Supreme Court held that the Federal Arbitration Act (FAA) protects an employer’s right to include a class action waiver in its arbitration agreement even though a state law bars such provisions as unconscionable. In a 5-4 decision, the Court found that “[s]tates cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons.”

Supreme Court Expands Use Of Arbitration Agreements

Fisher Phillips • April 28, 2011
On April 27, 2011, the U.S. Supreme Court upheld the enforceability of class action waiver provisions in arbitration agreements. Under such provisions, parties both agree to arbitrate their disputes, and waive the right to participate in class action lawsuits or class arbitrations. The Court's ruling allows businesses to require customers to arbitrate their disputes individually, and reaffirms the federal policy favoring arbitration. This is good news for employers. AT&T Mobility LLC v. Concepcion.

Arbitration As Protection Against Class Actions

Ogletree Deakins • April 28, 2011
Today the Supreme Court gave a powerful tool for employers to avoid collective and class actions when it overturned the 9th Circuit's decision in ATT Mobility LLC v. Concepcion (4.27.11) [pdf]. Justice Scalia writing for a sharply divided court, split on the now familiar lines, rejected attempts by states (in this case California) that would prohibit arbitration agreements which prohibit class treatment of claims.