Perspective
Aug. 29, 2011
Does Concepcion mean the death of Gentry?
Gentry was designed to preclude enforcement of the very kind of class action waiver found to be lawful in Concepcion. By Ronald W. Novotny and Robert R. Roginson of Atkinson, Andelson, Loya, Ruud & Romo
FIRST IN A TWO-PART SERIES
In AT&T Mobility v. Concepcion, issued on April 27, the U.S. Supreme Court ruled that a clause waiving class action treatment of a party's claims is generally enforceable under the Federal Arbitration Act (FAA), notwithstanding various protections that have been developed under California law over the years for the benefit of both employees and consumers. The Court foun...
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