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Home / Opinion / 09-893 AT&T Mobility LLC v. Concepcion

09-893 AT&T Mobility LLC v. Concepcion

Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices arbitration’s informality and makes ...

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