04/27/2011 09:08:00 AM EST
AT&T Mobility LLC v. Concepcion, 2011 U.S. LEXIS 3367 (April 27, 2011)
LexisNexis Overview: Federal Arbitration Act (FAA) preempted a
California rule under which class arbitration waivers in consumer contracts
were held unconscionable under certain circumstances; the California rule could
not be applied under the 9 U.S.C.S. § 2 saving clause. Requiring the
availability of class arbitration was inconsistent with the FAA.
Counsel: Andrew J. Pincus argued the cause for petitioner.
Deepak Gupta argued the cause
for respondents.
Judges: SCALIA,
J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS,
and ALITO, JJ., joined. THOMAS, J., filed a concurring opinion. BREYER, J.,
filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ.,
joined.
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