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  • AT&T Mobility LLC v. Concepcion, 2011 U.S. LEXIS 3367 (April 27, 2011)

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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