FAA Preempts Washington Arbitration Law, 9th Circuit Rules

SAN FRANCISCO - A Washington state law invalidating arbitration agreements containing class-action waivers is preempted by the Federal Arbitration Act pursuant to AT&T v. Concepcion, the 9th Circuit U.S. Court of Appeals has ruled. Coneff, et al. v. AT&T Corp., et al., No. 09-35563 (9th Cir.).

In a March 16 opinion, the appellate panel explained that the California rule addressed in Concepcion is nearly identical to the Washington rule and is therefore federally preempted. However, the panel remanded the case and instructed the U.S. District Court for the District of Washington to apply Washington choice-of-law rules to plaintiffs' procedural unconscionability …