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AT&T Mobility v. Concepcion

Docket No. Op. Below Argument Opinion Vote Author Term
09-893 9th Cir. Nov 9, 2010
Tr.Aud.
Apr 27, 2011 5-4 Scalia OT 2010

Holding: California state contract law, which deems class-action waivers in arbitration agreements unenforceable when certain criteria are met, is preempted by the Federal Arbitration Act because it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.

Plain English Holding: Under the Federal Arbitration Act, California must enforce arbitration agreements even if the agreement requires that consumer complaints be arbitrated individually (instead of on a class-action basis).

Judgment: Ninth Circuit Reversed, 5-4, in an opinion by Justice Scalia on April 27, 2011. Justice Thomas filed a concurring opinion. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.

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