The Wisconsin Supreme Court next term will review cases involving the UW System Board of Regents, the state Department of Corrections and others.
Read More »Tag Archives: AT&T Mobility LLC v. Concepcion
Senate committee debates fairness of mandatory arbitration
Sen. Al Franken, D-Minn., a champion of the proposed Arbitration Fairness Act, recently led a hearing before the Senate Committee on the Judiciary called “Arbitration: Is It Fair When Forced?”
Read More »FORUM: Arbitration opinion will change Wisconsin law
On April 27, 2011, the U.S. Supreme Court issued its much-awaited decision in AT&T Mobility, LLC v. Concepcion, No. 09-893. In Concepcion, AT&T’s contract provided for arbitration and required claims to proceed on an individual basis.
Read More »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 the process ...
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