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Perspective

Dec. 13, 2012

Appellate courts sharply disagree over continuing impact of Concepcion

These issues are likely to come to a head over the next few years, as the U.S. Supreme Court, 9th Circuit and state Supreme Court confront the splits of authority over the decision's impact. By Felix Shafir and John Querio


By Felix Shafir and John Querio

AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), imposed significant restrictions on state laws limiting the enforceability of arbitration agreements governed by the Federal Arbitration Act. This past year saw appellate courts disagree sharply over the continuing impact of Concepcion's FAA preemption standards on state arbitration law. Here are some of the most important developments in the wake of ...

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