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26 Oct 2011, 5:00 am by Wystan M. Ackerman
   Concepcion:  During the discussion of the Supreme Court’s decision in AT&T Mobility, LLC v. [read post]
17 Nov 2010, 7:00 am by Kali Borkoski
Concepcion and Williamson v. [read post]
18 Mar 2012, 5:05 pm by Editorial Board
Concepcion, in particular, had bolstered the enforceability of arbitration provisions, ruling that the Federal Arbitration Act preempts certain state laws. [read post]
4 Mar 2013, 6:52 am by Wystan M. Ackerman
Concepcion, which held that the Federal Arbitration Act preempted state law to the extent that state law on unconscionability invalidated an arbitration provision because it did not permit a class action arbitration procedure. [read post]
14 Nov 2011, 9:30 am
The court found no apparent conflict with the Federal Arbitration Act and noted that Concepcion did not take a position on the arbitrability of public injunction actions.These conflicting decisions highlight the unresolved tension between state consumer protection law and the policies favoring arbitration of disputes embodied in the Federal Arbitration Act.The opinions in Nelson v. [read post]
9 Nov 2010, 4:45 am by Ted Frank
Moreover, nothing in the Federal Arbitration Act prohibits state attorneys general from bringing consumer actions against defendants who are actually unfairly treating a class of consumers. [read post]
14 Jun 2012, 4:07 pm
In making its decision, the California Court of Appeal in this case found that the Supreme Court’s decision in Concepcion, which concerned the validity of the California Supreme Court’s 2005 decision in Discover Bank v Superior Court, prohibits any state court from refusing to enforce a class action waiver in an arbitration agreement. [read post]
23 Jun 2014, 2:54 pm by John Lewis and Dustin Dow
The 48-page majority opinion in Iskanian found that after Concepcion, class action waivers in arbitration agreements are generally enforceable—thus overturning Gentry v. [read post]