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Ballard Spahr LLP | USA | 14 Nov 2011

California Court avoids Concepcion by striking arbitration agreement without considering class action waiver

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible even after the U.S. Supreme Court’s landmark ruling in AT&T Mobility v. Concepcion, which held that state laws barring the enforcement of class action waivers in consumer arbitration agreements are preempted by the Federal Arbitration Act.

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