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ATLANTA—Earlier this week, the U.S. Supreme Court ruled in a 6-3 decision that state laws hostile to class action waivers cannot circumvent the Federal Arbitration Act.
Womble Carlyle attorney Kirk Watkins was among the attorneys who discussed the Supreme Court’s decision with Law360.com.
Watkins tells Law360.com, “In DirecTV v. Imburgia, the Supreme Court enforced an arbitration provision that was unenforceable at the time of contracting but became enforceable as a result of a Supreme Court ruling preempting California law from blocking arbitration provisions precluding class-action arbitration. The dissent argued preemption of law did not preclude adoption by contract of the preempted law. My view is that both sides were soundly reasoned and the decision was driven by the result. Should the trend of greater enforcement of the FAA be continued or should the plight of the consumer in adhesion contracts be considered? Greater FAA enforcement won.”
Click here to read the full article at Law360.com.
Kirk Watkins manages and tries patent, complex business litigation and arbitration disputes. He has nearly four decades of experience as a litigator, and has tried patent cases in federal courts across the country. Watkins serves as Womble Carlyle’s chief liaison to AtlAS (Atlanta International Arbitration Society).