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

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal Arbitration Act in the face of an unconscionability challenge based on state law. Since then, the federal circuit courts have digested the ruling’s impact in numerous cases. This Alert discusses these decisions and the potential for this issue to return to the Supreme Court in the near future.

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