SUPREME COURT HEARS ORAL ARGUMENT ON THE RELATIONSHIP BETWEEN THE FAA AND STATE LAW REGARDING UNCONSCIONABILITY OF CLASS ARBITRATION WAIVERS
On November 9, the Supreme Court heard oral argument in AT&T Mobility LLC v. Concepcion, an appeal from an opinion of the Ninth Circuit. The issue, as framed in the briefs, is whether the Federal Arbitration Act (“FAA”) preempts states from conditioning the enforcement of an arbitration agreement on the availability of particular procedures — here, class-wide arbitration — when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate their claims. The Supreme Court’s docket reflects the filing of 25 amicus briefs. It is hoped that this case will clarify the relationship between the Federal Arbitration Act and state laws and opinions holding certain arbitration provisions to be unenforceable as unconscionable. The transcript and audio recording of the oral argument are both available. Some vote counters at the oral argument suggested that the questioning by the Justices indicated deference to state law as opposed to the FAA. AT&T Mobility v. Concepcion, No. 09-893 (U.S.).
This post written by Rollie Goss.
