On April 27, 2011, the U.S Supreme Court ruled the “Discover Bank rule” was preempted by the FAA in AT&T Mobility LLC v. Concepcion, 563 US. __ (2011). After finishing my first read of the decision, I recalled something my father used to say growing up, which apparently was handed down to him by his father. It went like this: “Son, there are only two rules in this house: Rule Number 1, your father is always right; Rule Number 2, when wrong, see Rule Number 1.”
That being said, I’d like to welcome everyone to my new blog: The Bailey "Bilateral Arbitration" Daily. And to my friends on the other side (which I know read this Blog) – I will see you in arbitration!! All 100 of them, substantively identical, but litigated and billed separately.
But seriously, there can be no denying Court’s decision is both significant and impactful. Does it signify the end of employment and consumer class action litigation? That may be a different story. For the sake of the little guy, let’s hope not. I am going to spend a few posts exploring that question, beginning with what the Court’s decision actually means. Once that is determined, I will examine the question of “if, where and how” we can move forward.