California Judge Compels Arbitration of Class Action Post-Concepcion

SAN FRANCISCO - A California federal judge has compelled arbitration in a putative class action suit in light of the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, which states that the FAA preempts state laws that invalidate arbitration agreements. In re California Title Insurance Antitrust Litigation, No. 08-1341 (N.D. Calif.).

On June 27, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California further ruled that the defendants did not waive their right to seek arbitration by failing to seek it earlier in the litigation because that option was not available prior …