Supreme Court Arbitration Update
Assessing the Importance and Implications of AT&T Mobility v. Concepcion
12:00 - 1:30 PM Eastern Time
In April, the U. S. Supreme Court announced its decision in AT&T Mobility v. Concepcion, another in a series of cases in which the Court is slowly defining the scope and purposes of arbitration and its relationship to the courts. At issue in Concepcion was whether California unconscionability law banning class waivers in contracts of adhesion could be used to avoid the enforcement of an arbitration provision in a cell phone contract containing such a waiver. The Supreme Court found that in this instance, the FAA preempted California contract law.
The ABA Section of Dispute Resolution, in collaboration with Penn State Law, will present a teleconference assessing Concepcion’s importance in the context of the Supreme Court’s arbitration jurisprudence and exploring the decision’s implications regarding:
• The availability of class action litigation for consumers and employees
• Additional growth in the use of consumer and employment arbitration
• The “fundamental attributes” of arbitration, as dispute resolution options continue to evolve
• The potential regulation of consumer arbitration, through self-regulation, soft law or hard law
• Thomas Carbonneau, Samuel P. Orlando Distinguished Professor of Law, Penn State University, Dickinson School of Law, and author of The Law and Practice of Arbitration
• Alex Colvin, Associate Professor of Labor Relations and Conflict Resolution, Cornell University, and author of “An Empirical Study of Employment Arbitration: Case Outcomes and Processes”
• Michael Foreman, Director of Civil Rights Appellate Clinic, Penn State University, Dickinson School of Law, and counsel on Supreme Court briefs in 14 Penn Plaza LLC v Pyett and Rent-A-Center v. Jackson
• Nancy Welsh, Professor of Law at Penn State University, Dickinson School of Law, and author of “What Is ‘(Im)Partial Enough’ in a World of Embedded Neutrals?” (moderator)
CLE Information: 1.50 hours of CLE credit in 60-minute states/1.80 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts. States currently not accrediting ABA Teleconferences: DE, IN, KS, OH, PA.