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?
Public Citizen was co-counsel for the respondents at the cert stage, and the Supreme Court denied cert.