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15 Jun 2012, 2:38 pm by The Complex Litigator
As the Concepcion court reiterated, “States cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons. [read post]
18 Aug 2011, 4:01 am by Victoria VanBuren
Concepcion, Disputing (May 25) GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. [read post]
19 Mar 2012, 12:29 pm by Ronald F. Wick
If a class action is filed under state law, Concepcion will ensure the likely preemption of any state law limiting enforceability, and the waiver will be upheld. [read post]
17 Jun 2016, 8:18 pm by Kate Howard
Concepcion, that “[w]hen state law prohibits outright the arbitration of a particular type of claim, the . . . conflicting rule is displaced by the FAA,” the FAA preempts a state’s waiver doctrine that categorically prohibits arbitration of abuse-of-process claims arising from prior litigation. [read post]
24 Jun 2014, 9:39 am by Kirk Jenkins
Four years later, the United States Supreme Court issued AT&T Mobility LLC v. [read post]
10 Mar 2013, 10:04 pm by Kevin LaCroix
Supreme Court in its 2011 decision in the AT&T Mobility LLC v Concepcion case held that the Federal Arbitration Act preempts state laws that refuse to enforce class action waivers in consumer arbitration agreements as unconscionable or against public policy. [read post]
21 Jun 2013, 11:38 am by Jared Klaus
It comes as no surprise that the United States Supreme Court’s decision in American Express Co. v. [read post]