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Killing Them With Kindness: Examining "Consumer-Friendly" Arbitration Clauses After At&T Mobility V. Concepcion, Myriam E. Gilles
Killing Them With Kindness: Examining "Consumer-Friendly" Arbitration Clauses After At&T Mobility V. Concepcion, Myriam E. Gilles
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The article focuses on the U.S. Supreme Court case AT&T Mobility LLC v. Concepcion, in which California's "Discover Bank rule" was struck by the Court under the Federal Arbitration Act, which was upheld by the California Supreme Court in the court case Discover Bank v. Superior Court. It provides information that the rule is a judge-made rule which depicts that class action waivers are unforceable in arbitration agreements if such agreements are mentioned in standard form consumer contracts.