Supreme Court Poised to Decide Future of Class Action Waivers

The U.S. Supreme Court heard oral argument on November 9 in AT&T Mobility LLC v. Concepcion, U.S. No. 09-893. The Court will decide whether the Federal Arbitration Act preempts states from conditioning the enforcement of an arbitration agreement on the availability of certain procedures, such as the availability of class arbitration. Many states have held that class action waivers are unenforceable, so the Court’s decision could have a significant impact on the future of those waivers. Stay tuned.