SmartBrief
Confirm favorite deletion?
Dispute Resolution Keyed to Folberg, 4th Ed.
AT&T Mobility, LLC v. Concepcion
Citation:
563 U.S. 333, 131 S. Ct. 1740, 179 L. Ed. 2D 742 (2011)Facts
In February 2002, Vincent and Liza Concepcion entered into an agreement for cellular service with AT&T Mobility LLC. The contract included an arbitration provision requiring claims to be brought in the parties’ “individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.” AT&T’s arbitration provision was consumer-friendly in many respects: AT&T paid all costs for non-frivolous claims; arbitration had to occur in the customer’s county; customers could choose whether arbitration proceeded in person, by telephone, or based only on submissions for claims under $10,000; either party could bring claims in small claims court; and AT&T could not seek attorney’s fees. Additionally, if a customer received an arbitration award greater than AT&T’s last settlement offer, AT&T would pay a $7,500 minimum recovery and twice the customer’s attorney’s fees. Despite these favorable terms, when the Concepcions were charged $30.22 in sales tax for phones advertised as “free,” they filed a complaint in federal court, which was consolidated with a class action alleging false advertising and fraud. AT&T moved to compel individual arbitration under the terms of its contract, but the Concepcions opposed, arguing the class action waiver was unconscionable under California’s Discover Bank rule.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.