In an article on recent litigation events that are significantly impacting the in-house bar, Partner Michael Tuteur observed that the Supreme Court’s decision in AT&T Mobility v. Concepcion upheld the notion of retaining arbitration clauses and class action waivers in consumer contracts. However, Tuteur added that the 2nd Circuit’s subsequent refusal to broaden the scope of Concepcion indicates that the Supreme Court may be required to reexamine its breadth in upcoming cases.
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