William H. Emer Retired Partner

In AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court ruled that arbitration provisions governed by the Federal Arbitration Act may disallow class action proceedings.  In doing so, the Court disapproved the California Supreme Court's decision in Discover Bank v. Superior Court, which held that a consumer arbitration provision prohibiting class arbitration was unconscionable and unenforceable.