U.S. Supreme Court Further Limits Class Action Arbitration

On April 27, 2011, the Supreme Court issued AT&T Mobility LLC v. Concepcion, in which the Court in a 5-4 opinion divided along ideological lines and delivered by Justice Scalia upheld class action waivers in arbitration clauses.  The Court thus reversed the Ninth Circuit’s decision holding such waivers unconscionable as a matter of California state law.