Breaking: SCOTUS Follows Concepcion Per Curiam
By Don Philbin, February 21, 2012
This post has been viewed 2,550 times.
This post has been viewed 2,550 times.
“As this Court reaffirmed last Term, “[w]hen state law prohibits outright the arbitration of a particular type ofclaim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” AT&T Mobility LLC v. Concepcion, 563 U. S. ___, ___ (2011) (slip op., at 6–7). That rule resolves these cases. West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type ofclaim, and that rule is contrary to the terms and coverageof the FAA.” www.supremecourt.gov/opinions/11pdf/11-391.pdf
Read original articleTags: Arbitration, Conflict, Personal Injury, Tort
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