AT&T Mobility LLC v. Concepcion (2010)
- Docket
- 09-893
- Decided
- 2010-01-01
Summary
Question: Does the FAA preempt states from conditioning the enforcement of an arbitration agreement on the availability of class-wide arbitration procedures? Conclusion: Yes. The Supreme Court reversed the lower court order in a decision by Justice Antonin Scalia. The 5-4 majority held that the Federal Arbitration Act preempts "state-law rules that stand as an obstacle to the accomplishment of the FAA's objectives." Justice Stephen Breyer filed a dissenting opinion, which was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. "The Court is wrong to hold that the federal Act pre-empts the rule of state law," wrote Breyer.