Information about AAA updating class arbitration rules and fallout from Concepcion

Yesterday, I participated in a panel reviewing AT&T v. Concepcion and its implications for the future. The panel included a defense lawyer and a lawyer from Public Justice. Efforts to limit Concepcion through litigation have not fared well to this point, but the better arguments seem to be that Concepcion could be limited to its facts (a very favorable arbitration clause), it may not apply in state court (if Justice Thomas continues to believe that the FAA does not apply in state court), plaintiffs must still have an opportunity to vindicate their statutory rights and they can’t do that if they can’t pursue a claim at all, and, finally, a more extensive factual record supporting the argument that plaintiffs cannot bring a claim in arbitration (i.e. it is not financially feasible). It is an uphill road for plaintiffs. One question came up at the end of the session and I wondered if anyone knows the answer – -is AAA updating their class action arbitration rules in response to Concepcion? Please comment below if you know.

3 thoughts on “Information about AAA updating class arbitration rules and fallout from Concepcion”

  1. Don’t know if they will or won’t. But they should. If you look at their statement justifying the adoption of class rules, it is based on a flawed reading of Bazzle.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.