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A Substantive Right To Class Proceedings: The False Conflict Between The Faa And Nlra, Michael D. Schwartz
A Substantive Right To Class Proceedings: The False Conflict Between The Faa And Nlra, Michael D. Schwartz
Fordham Law Review
In recent decades, the U.S. Supreme Court’s Federal Arbitration Act jurisprudence has greatly expanded the scope of enforceable arbitration agreements. In AT&T Mobility LLC v. Concepcion, decided in 2011, the Court held that a class arbitration waiver in a consumer contract was enforceable, despite state law to the contrary. In January 2012, the National Labor Relations Board ruled that, despite the Court’s holding in Concepcion, class waivers in employment arbitration agreements are unenforceable due to employees’ right under the National Labor Relations Act to engage in concerted activity. However, nearly all federal and state courts that have subsequently …