Oregon Law Review : Vol. 90, No. 3, p. 703-728 : Tsunami: AT&T Mobility LLC v. Concepcion Impedes Access to Justice
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Date
2012
Authors
Sternlight, Jean R.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
It is highly ironic but no less distressing that a case with a name
meaning “conception” should come to signify death for the legal
claims of many potential plaintiffs. The U.S. Supreme Court’s fiveto-
four decision in AT&T Mobility LLC v. Concepcion is proving to
be a tsunami that is wiping out existing and potential consumer and
employment class actions. This Article will explore the decision;
how the decision is being interpreted by lower courts; the decision’s
impact on parties to such litigation; and how, if not legislatively
limited, this case will substantially harm consumers, employees, and
perhaps others.
Description
26 pages
Keywords
Citation
90 Or. L. Rev.703 (2012)