Concerns about Concepcion Ruling

S.F. Federal Judge Signals He Disagrees with Supreme Court’s Concepcion Ruling

Corporate Counsel
May 19, 2011

In the wake of the Supreme Court’s decision in AT&T Mobility, defense lawyers are rushing to use the ruling to force class action plaintiffs into arbitration. District court judges are faced with granting some of these motions.

San Francisco federal district court judge Wiliam Alsup compelled arbitration in a proposed consumer class action against T-Mobile and HTC over allegedly defective smart phones and although he followed the Concepcion decision, he noted that he may not agree with the decision. He said, “perhaps regrettably the court rejected the plaintiff’s argument that class actions provide the only practical recourse for individuals with relatively small claims.”

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