Another Supreme Court Decision on Arbitration

Today, the U.S. Supreme Court decided AT&T Mobility LLC, v. Concepcion.  Here is the opinion.  In a nutshell, the Court determined by a 5-4 majority that California’s Discover Bank rule, which permits courts to strike as unconscionable any arbitration provision that prohibits class actions, was preempted by the Federal Arbitration Act.  Take a guess which Justices were in the majority!

Lacking the expertise to delve into the Serbonian Bog of the Court’s recent arbitration rulings, we refer our readers to the following sites:

SCOTUSblog does its usual reliable job providing background to the case here.

The ADR Prof Blog has posts up by Paul Kirgis — discussing recent scholarship by Lawrence Cunningham — Paul Kirgis discussing the Court’s opinion, and Sarah Cole.   

We will try to update the list as new responses are posted.

[JT]