Supreme Court Docket Report - November 9, 2012

Keywords: AT&T, arbitration agreements, FAA, Concepcion

On November 9, 2012 the Supreme Court granted certiorari in one case of interest to the business community:

Federal Arbitration Act—Arbitration of Federal Statutory Claims

Two terms ago, the Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that the Federal Arbitration Act prohibits states from refusing to enforce arbitration agreements that require disputes to be resolved on an individual rather than class-wide basis. Today, the Court granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133, to decide whether a different rule applies when the claim to be arbitrated arises under federal rather than state law.