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T-Mobile USA, Inc., et al. v. Laster, et al.

Close Date:	05/27/2008
Topic(s):	Arbitration Consumer Justice
Status:	closed
Date Of Involvement:	02/07/2008
Docket:	07-976

Related Documents:
Brief in Opposition to Cert. (04/25/2008)
Description:
The Federal Arbitration Act (FAA) provides that arbitration agreements are enforceable "save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2. Class-action bans -- contract provisions that prohibit classwide proceedings, whether in litigation or arbitration -- have been held to be unconscionable in some circumstances under the generally applicable contract law of some states. Is such state law preempted by the FAA when the class-action ban to which it is applied is embedded in an arbitration agreement? Deepak Gupta, Scott Nelson, and Bonnie Robin-Vergeer were co-counsel for the respondents at the cert stage, and the Supreme Court denied cert.

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