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 done much more than shift some of the terms of early motions practice. Given the promises we have heard that Concepcion in particular spelled the coming demise of the class action, how could this be the case?
Law professors … Continue Reading