(excerpt from the article below)

On April 27, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion et ux., 131 S.Ct. 1740 (2011), a monumental 5-4 decision holding California’s Discover Bank rule to be inconsistent with the Federal Arbitration Act (FAA), and therefore pre-empted by that statute. (The California rule had required class-action waivers in arbitration agreements to be found unconscionable and therefore unenforceable.) Less than six months after the Supreme Court’s ruling, two appellate decisions from New Jersey have applied Concepcion.