Matthew L. Berman
Class actions · Employment · Civil rights
(516) 203-7180

The case library

AT&T Mobility LLC v. Concepcion

563 U.S. 333, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011)

Supreme Court of the United States · April 27, 2011

What the court decided

The Federal Arbitration Act preempts California's rule treating class-action waivers in consumer arbitration agreements as unconscionable. The Act's savings clause preserves generally applicable contract defenses, but not defenses that apply only to arbitration "or that derive their meaning from the fact that an agreement to arbitrate is at issue."

Who won

The company won. The Supreme Court reversed the Ninth Circuit (5-4).

Why it matters for workers

This is why class-action waivers in arbitration agreements are usually enforced, and why arguments against arbitration have to rest on defenses that would apply to any contract.

Key passage: 563 U.S. 333 at 339-44.

Read the decision (PDF)   Marked with official reporter pages for citation.

Source of the text: Library of Congress (official United States Reports, bound volume 563) — https://tile.loc.gov/storage-services/service/ll/usrep/usrep563/usrep563333/usrep563333.pdf. This page summarizes the decision in plain language; the court’s own words are in the PDF above.

Where this case comes up in the guide