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Perspective

Sep. 1, 2011

Did the Supremes go too far? The backlash against Concepcion

Will employee and consumer advocates get the last laugh? By Christian Scali of Arent Fox LLP


By Christian Scali


The April 27 decision in AT&T Mobility v. Concepcion, 131 S.Ct. 1740, was the most recent in a series of U.S. Supreme Court decisions expanding the Federal Arbitration Act (FAA). While initially hailed by business as the panacea to the staggering number of class actions hitting California businesses in recent years, the backlash against the opinion may have employee and consumer advocates getting the last laugh.


In a 5-4 d...

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