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Ballard Spahr LLP | USA | 27 Apr 2011

Supreme Court upholds class action waivers

Today, the U.S. Supreme Court, in a landmark decision, issued its long-awaited opinion in AT&T Mobility LLC v. Concepcion, holding 5 to 4 that the Federal Arbitration Act (FAA) preempts state laws that invalidate class action waivers in consumer arbitration agreements.

Article

Ballard Spahr LLP | USA | 14 Feb 2011

Third Circuit confirms that court determines validity of class action waiver

Following on the heels of Puleo v. Chase Bank, USA, N.A., 605 F.3d 172 (3d Cir. 2010), a Third Circuit panel, in a non-precedential opinion, has confirmed that a court, not an arbitrator, should decide an unconscionability challenge to an arbitration agreement.

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