Confirm favorite deletion?
Civil Procedure Keyed to Babcock
AT&T Mobility v. Concepcion
Citation:563 U.S. 333 (2011)
CaseCast™ – "What you need to know"
Plaintiffs Concepcions purchased phones and cell service from Defendant AT&T after they saw an advertisement that Defendant was offering phones for free. The Concepcions were charged sales tax on the phones even though they were supposed to get them for free. There was an arbitration clause in the service agreement signed by the Concepcions that mandated disputes be resolved in arbitration and prohibited arbitration in the form of class actions. The contract also allowed Defendant AT&T to make one-sided changes to the contract, which it did. The Concepcions brought suit against AT&T for false advertising and fraud. AT&T filed a motion to compel arbitration. The district court denied AT&T’s motion based on the Discover Bank v. Superior Court, holding that the arbitration clause was unconscionable because AT&T did not show that arbitration made up for the deterrent effects of class actions. The Ninth Circuit Court of Appeals affirmed and the Supreme Court granted certiorari.
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.