In AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740, 1745 (2011) (Concepcion), the Supreme Court struck down the “Discover Bank rule,” California’s judicially crafted prohibition of class action waivers in arbitration agreements. See Discover Bank v. Superior Court, 36 Cal.4th 148, 30 Cal.Rptr.3d 76, 113 P.3d 1100 (2005).Concepcion also brought into question the validity of California’s “Broughton-Cruz rule,” another judicially crafted doctrine allowing plaintiffs...
