5/05/2011

AT&T case

In the case of AT& T Mobility v. Concepcion the Supreme Court decided that:

"California state contract law, which deems class-action waivers in arbitration agreements unenforceable when certain criteria are met, is preempted by the Federal Arbitration Act because it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress".
      (Also see: iApp OyezToday)

The decision seems important as "This holding leaves the states with no clear way to ban contracts that insulate companies from liability through class proceeding waivers" as well as it may be a continuation of a trend where the Court decides for Business and against the Individual, I wanted to collect the various materials on this case.

Note: I may also want to look at: American Electric Power Co., Inc. v. Connecticut, Whether federal law allows states and private parties to sue utilities for contributing to global warming.

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