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“Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Has Prompted a Return to the Supreme Court”

On November 30, 2012 by Schnader

Stephen Fogdall, John Gisleson, and Christopher Reese co-authored the article “Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Has Prompted a Return to the Supreme Court” which was published in the November 2012 edition of the International Association of Defense Counsel’s (IADC) Business Litigation Committee Newsletter. The authors discuss the circuit split that has developed as lower federal courts have interpreted the scope of the U.S. Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion and the potential impact of these decisions on companies employing class action arbitration waivers in consumer contracts.