Contracts Keyed to Frier
AT&T Mobility LLC v. Concepcion
CaseCast™ – "What you need to know"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Vincent and Liza Concepcion (plaintiffs) bought cellular phones and service from AT&T Mobility, LLC (AT&T) (defendant) after seeing an advertisement that offered free phones. The Concepcions were not charged for the phones but they were charged $30.22 in sales tax. Included in the service agreement was an arbitration provision that required all disputes between the parties to be resolved by an arbitrator and prohibited arbitration in the form of a class action. The agreement also allowed AT&T to make unilateral amendments to the contract at any time, which it did. The Concepcions brought suit against AT&T in federal district court as part of a putative class action and the class collectively alleged that AT&T had engaged in false advertising and fraud by charging sales tax on phones it advertised as free. AT&T filed a motion to compel arbitration under the terms of the agreement with the Concepcions. The district court denied AT&T’s motion based on a California Supreme Court case, Discover Bank v. Superior Court, 36 Cal. 4th 148 (2005), and found that the arbitration provision was unconscionable because AT&T had not shown that bilateral arbitration adequately substituted for the deterrent effects of class actions. The Ninth Circuit Court of Appeals affirmed and the U.S. Supreme Court granted certiorari to review.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.