Outside Publication

Battle for Vindication of Statutory Rights Post-Concepcion, ABA’s Class Actions & Derivative Suits Newsletter

Fall 2012

Class actions issues are hot, and if the U.S. Supreme Court’s docket this term is any indication, the trend shows no signs of cooling off.

Some of this term’s most significant cases will address issues arising from the Court’s 2011 decisions, including AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), in which the Court found that the Federal Arbitration Act (FAA) invalidated a California rule that prohibited mandatory arbitration clauses unless the clauses also permitted class actions. It should also be noted, however, that the Court has denied several petitions for certiorari that might have addressed the impact of Concepcion. E.g., Buffington v. SunTrust Banks, Inc.; Hough v. Regions Fin. Corp.; Mo. Title Loans, Inc. v. Brewer.

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