(University of Oregon School of Law, 2012) Sternlight, Jean R.
It is highly ironic but no less distressing that a case with a name
meaning “conception” should come to signify death for the legal
claims of many potential plaintiffs. The U.S. Supreme Court’s fiveto-
four decision in AT&T Mobility LLC v. Concepcion is proving to
be a tsunami that is wiping out existing and potential consumer and
employment class actions. This Article will explore the decision;
how the decision is being interpreted by lower courts; the decision’s
impact on parties to such litigation; and how, if not legislatively
limited, this case will substantially harm consumers, employees, and
perhaps others.
