Arbitration: US Supremes Overrule California's Discover Bank Rule

In Discover Bank v. Superior Court (2005) 36 Cal. 4th 148,the Cal Supremes held that in a contract of adhesion (which virtually all consumer contracts are), arbitration provisions that waived class actions were void as against public policy.

Today, in a decision that shouldn't have been too surprising, the US Supremes said "oh no they aren't."  5-4 vote, opinion by Justice Scalia, Discover Bank held preempted by the Federal Arbitration Act, 9 USC §2.  Period.  No exceptions.  Thank you for playing.  No room for argument.  End of story.  A T & T Mobility LLC v. Concepcion ___ U.S. ___.