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Clause Drafting

Associate Justice Stephen G. Breyer wrote in a dissent that today’s Supreme Court 5-4 opinion striking down the use of a California unconcionability law was a breach of basic federalism principles.

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In a 5-4 decision this morning that states that class arbitration is unfair to defendants, the U.S. Supreme Court reversed a U.S. Ninth Circuit Court of Appeals decision that found a cell phone providers’ consumer agreement unconscionable. AT&T Mobility v. Concepcion, No. 09-893,

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