Litigation & Arbitration
Jan. 20, 2021
Arbitration post-Concepcion
California lawyers have struggled for a decade to deal with the fallout from the U.S. Supreme Court's strong backing for arbitration over class actions in consumer law.
California lawyers have struggled for a decade to deal with the fallout from the U.S. Supreme Court's strong backing for arbitration over class actions in consumer law. The late Associate Justice Antonin Scalia's 2011 opinion in AT&T Mobility v. Concepcion held for a 5-4 majority that the Federal Arbitration Act overrides state laws prohibiting class action waivers.
UC Berkeley Law School's dean, Erwin Chemerinsky, called it one...
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