Litigation & Dispute Resolution

  • Print Page
  • Email Page
  • Share this page

Impact of Recent Supreme Court Arbitration Decisions on Enforceability of Health Care Arbitration Provisions in California

March 09, 2012

The Supreme Court’s landmark decision in AT&T Mobility v. Concepcion has ushered in complete federal preemption over the enforceability of arbitration agreements even in the face of state public policy arguments to the contrary. In Concepcion, the high Court struck down a California Supreme Court decision (based on a California statute that codified the unconscionability defense) that prohibited class action waivers from being included in an arbitration clause in a consumer contract. Although the contract in question clearly involved interstate commerce and was governed by the Federal Arbitration Act, the Supreme Court's decision portended a broader implication—that 9 U.S.C.§ 2 (FAA) embodies a strong liberal federal policy favoring arbitration notwithstanding any state substantive or procedural policies to the contrary.

For more information, please contact:

Neil Bardack

415-995-5849 Direct Phone
415-995-3570 Fax

Email Attorney

vCard
PDF Bio


Lori Ferguson

916-551-2813 Direct Phone
916-551-3388 Fax

Email Attorney

vCard
PDF Bio


Join Our Mailing List

Click here to subscribe.