U.S. Supreme Court,
Labor/Employment
Jun. 29, 2013
Thinking through Concepcion, Oxford Health and Iskanian
While management lawyers lauded result in Concepcion, several statements in the opinion have limited validity, appear result-oriented, and may cause one to jump to conclusions.
Arthur F. Silbergeld
Employment Law Partner
Thompson Coburn LLP
Labor & Employment
Phone: (310) 282-2529
Email: asilbergeld@thompsoncoburn.com
Temple Univ Law School
Arthur is based in Los Angeles and is in the firm's Labor & Employment Practice Group.
Justice Antonin Scalia, not a Californian and understandably unfamiliar with California employment law practice, authored the majority opinion in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). He concluded that class arbitration permitted by Discover Bank v. Superior Court, 36 Cal. 4th 148 (2005), has no basis in law and a court deprives parties to a bilateral arbitration agreement of due process rights by compelling class arbitration. While management lawyers (inc...
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 In