In A Flurry of Filings, Defense Bar Rushes To Seize on Concepcion Arbitration Ruling

Corporate Counsel
May 12, 2011

Less than two weeks since the Supreme Court decision in AT&T Mobility v. Concepcion, defense lawyers around the country are trying to force class actions lawsuits into arbitration. Recently, San Francisco Judge postponed a motion on class cert when the lawyers moved to compel arbitration. Plaintiff’s only option may be to argue that Defendant’s waived its right to arbitration by engaging in discovery and other early dispositive motions.

Other firms are also busy preparing similar filings. Alan Kaplinsky of Ballard Spahr said, “We probably have about three dozen class actions pending around the county that were stayed pending the outcome of Concepcion.” His firm is using the recent Supreme Court ruling in an effort to bolster pending motions to compel arbitration.

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