First Paragraph
The Supreme Court's holding in AT&T Mobility v. Concepcion has had a profound effect on the law of arbitration in the United States. Before AT&T Mobility, many state and federal courts had routinely held as unenforceable adhesive arbitration agreements containing class action waivers. In one fell swoop, the Supreme Court has upended the conventional thinking on contract unconscionability rules and placed a target over a multitude of state laws that resemble California's Discover Bank rule challenging the Federal Arbitration Act's (FAA) jurisdiction over class-wide arbitration waivers.
Recommended Citation
Zachary R. Brecheisen, Making the Withdrawal: The Effect AT&T Mobility v. Concepcion Will Have on State Laws Similar to California's Discover Bank Rule, 4 Arb. L. Rev. 429 (2012).