•  
  •  
 

Authors

Adam Raviv

First Paragraph

In recent Supreme Court cases addressing the validity of class action waivers in arbitration agreements, arbitration nominally won the battle. But it lost the war. In 2011, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act preempted a California state rule that prohibited companies from including an arbitration clause with a class action waiver in their customer contracts.1 Two years later, in American Express v. Italian Colors Restaurant, the Court held that a class action waiver in an arbitration agreement does not prevent consumers from enjoying “effective vindication” of their legal rights under federal antitrust law, and therefore is enforceable under the FAA.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.