There has been a great deal of litigation over the past couple of years regarding the validity of class action arbitration waivers. In a Special Focus article, Re-Revisiting AT&T v. Concepcion: Yes, We Hear You Now (Mostly), John Pitblado provides an update on some of the most recent appellate cases in this area.

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Approaching its third anniversary, the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, — U.S. —, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011) has seen continued challenges to its contours, but the high court has reiterated its central holding loudly and clearly: the FAA preempts any state rule that interferes with parties’ agreements to arbitrate, and Federal Rule 23 is merely a procedural mechanism which parties may agree to arbitrate around via class action waiver.

The message appears to be taking. After essentially reprimanding the Second Circuit Court of Appeals for its creative attempts around the Concepcion holding, courts have taken notice. While some courts (particularly those in California) will no doubt continue looking to shape the contours of Concepcion, with each subsequent reiteration it gains more stare decisis staying power.

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