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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: AT&T Mobility LLC v Concepcion

The Puzzling Continued Existence of Class Actions – Grand Strategy and Arbitration Clauses

Posted in Scholarship

Both AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurants have been accused of bringing about the death of the class action. Few would question that these opinions have made it more difficult to casually sue cell phone or credit card companies. But past that fairly obvious conclusion, it’s not clear that these cases have… Continue Reading

Professor Gilles on Consumer-Friendly Arbitration Clauses

Posted in Motions Practice

 Professor Myriam Gilles holds the distinction of having called the arbitration issue earlier than almost any other academic.  So when she writes a follow-up, it’s well worth paying attention. That follow up is here, in her latest working paper, Killing Them with Kindness: Examining "Consumer-Friendly" Arbitration Clauses after AT&T Mobility vs. Concepcion. And her findings indicate… Continue Reading

Rhetoric – Oddball Cases and Slaughtered Hogs

Posted in Strategy

 At the DePaul symposium a few weeks back, Professor Suja Thomas argued that the Supreme Court should not take on "oddball" cases, because the outlying facts make for decisions that are too sweeping. (She’s made this argument before about Iqbal and Twombly, so you don’t have to wait for the DePaul Law Review’s Symposium Issue to get… Continue Reading

Not quite ready for prime time …

Posted in Admin

Lexblog TV did a brief interview-by-Skype with yours truly on Wal-Mart Stores, Inc. v. Dukes and AT&T Mobility v. Concepcion.  If my (admittedly poor) embedding skills are working you should be able to see it below.  If not, I’ve linked it here.   I’d call this one shameless self-promotion, but frankly, I’m fairly shamed.  After… Continue Reading

The Ten Most Significant Class Action Cases of 2011

Posted in Certification

 This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action… Continue Reading

AT&T Mobility LLC v. Concepcion – Supreme Court Explores Procedural Safeguards Required for Class Actions

Posted in Motions Practice

Today, the Supreme Court began to roll out its class-action opinions. And first up, it has decided AT&T Mobility LLC v. Concepcion. In a 5-4 opinion authored by Justice Scalia (Thomas concurring), the Court held that § 2 of the Federal Arbitration Act preempted California’s Discover Bank rule, which "classif[ied] most collective-arbitration waivers in consumer contracts… Continue Reading