LexisNexis® Legal Newsroom
Supreme Court Upholds AT&T's Contract Clause Prohibiting Class-Wide Arbitration

On April 27, 2011, the United States Supreme Court issued an important decision upholding an arbitration clause barring class-wide arbitration. The decision has important implications for telecommunications and other consumer contracts, including website terms and conditions. In AT&T Mobility...

The Supreme Court's Decision on Unconscionability, the Purpose of the Federal Arbitration Act, and Banning Class Arbitration: Dr. John E. Murray, Jr. on AT&T Mobility LLC v. Concepcion

Under Federal Arbitration Act § 2, an arbitration agreement "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." California law set forth certain circumstances in which "class action waivers" in...

Conceiving of the End of Class Arbitration: Supreme Court's Action in AT&T Mobility

By John E. Porter and Ronald M. Oster In AT&T Mobility LLC v. Concepcion (2011), a divided U.S. Supreme Court ruled that the FAA preempted CA's Discover Bank rule, which held waivers of class arbitration in consumer contracts unconscionable and unenforceable. The FAA prohibits states from conditioning...

Cruz v. Cingular Wireless, LLC, 2011 U.S. App. LEXIS 16811 (August 11, 2011)

LexisNexis Overview: Florida public policy that would invalidate waivers of class actions in cell phone customers' contracts was an obstacle to the Federal Arbitration Act's objective of enforcing arbitration agreements according to their terms, and was preempted; compelling individual arbitration...

Cruz v. Cingular Wireless, LLC, 2011 U.S. App. LEXIS 16811 (August 11, 2011)

LexisNexis Overview: Florida public policy that would invalidate waivers of class actions in cell phone customers' contracts was an obstacle to the Federal Arbitration Act's objective of enforcing arbitration agreements according to their terms, and was preempted; compelling individual arbitration...

Split High Court: California Appeals Court Must Enforce Arbitration Agreement

WASHINGTON, D.C. — (Mealey’s) A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider’s customer agreement, a divided U.S. Supreme Court ruled this morning, finding that the appellate panel’s interpretation was preempted...