As Predominant Troubles readers perfectly know, the intersection among class actions and arbitration agreements has been a hotly contested situation in the Supreme Court. By and huge, the Supreme Court’s new jurisprudence has strengthened the potent presumption in favor of arbitration. Most notably, the Court’s choice in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), held that the Federal Arbitration Act (FAA) preempted a California condition law that invalidated arbitration provisions…
By: King & Spalding
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