Concepcion Prevails Again: Class Action Waiver Upheld by Fourth Circuit

In a decision that management lawyers hope was not an April Fool’s prank, the Fourth Circuit earlier this week upheld an arbitration agreement with a class action waiver, reversing a district court decision that held the waiver unenforceable.

In so holding, the appeals court signaled its continued adherence to the holding in AT&T Mobility LLC v. Concepcion, the Supreme Court’s 2011 landmark 2011 decision that sustained class action waivers under federal law against challenges grounded in state law contract principles. 

To read this bliog post click here