| Description: | in a consumer case against Dell that raised similar issues of the affordability of pursuing individual claims through arbitration – will not survive Thursday’s Amex opinion (Dell counselJohn ShopeofFoley Hoagtold me that “it’s very clear†that under Amex the Massachusetts ruling “is no longer good law if it ever was†The plaintiffs’ lawyer in the caseEdward RapackiofEllis & Rapacki said his clients’ claims may yet survive under a slightly different theory)Between them Concepcion and Amex leave consumers employees and small businesses that are subject to class action waivers in mandatory arbitration provisions without hope of evading the waiver If you can’t afford to arbitrate your claim individually the Supreme Court majority seems to be saying then don’t sign the contract requiring arbitration The three liberal justices who dissented (JusticeSonia Sotomayorwas recused) predicted that the consequence of the majority’s disregard for the effective vindication exception will be mandatory |
