Contact an Attorney

N.J. Courts Waste No Time in Applying New Class-Action Waiver Ruling

(excerpt from the article below)

On April 27, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion et ux., 131 S.Ct. 1740 (2011), a monumental 5-4 decision holding California’s Discover Bank rule to be inconsistent with the Federal Arbitration Act (FAA), and therefore pre-empted by that statute. (The California rule had required class-action waivers in arbitration agreements to be found unconscionable and therefore unenforceable.) Less than six months after the Supreme Court’s ruling, two appellate decisions from New Jersey have applied Concepcion.

Read the full article here.

Return to Insights