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Tag Archives: AT&T Mobility LLC v. Concepcion

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.

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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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