This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court,
Civil Litigation

Aug. 25, 2012

Concepcion's inconsistent application

Trial and appellate courts throughout California continue to struggle with the scope and breadth of the U.S. Supreme Court's decision.

Jeff E. Scott

Shareholder, Greenberg Traurig LLP

Email: scottj@gtlaw.com

Joseph R. Wetzel Jr.

Latham & Watkins LLP

Email: joe.wetzel@lw.com

Fordham Univ SOL; New York NY

Trial and appellate courts throughout California continue to struggle with the scope and breadth of the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 2011 DJDAR 5846 (2011).

Recently, in Caron v. Mercedes-Benz, 2012 DJDAR 10502 (Cal. App. 4th Dist. July 30, 2012), Division 3 of the 4th District Court of Appeal held that the Federal Arbitration Act preempts the California Consumer Legal Remedy Act's prohibition against class action waivers (Califo...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails