Laster v. AT & T Mobility LLC’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]hen the [class action] waiver [in an arbitration agreement] is found in a consumer contract of adhesion in a setting in which disputes between the contracting parties predictably involve small amounts of damages, and when it is alleged that the party with the superior bargaining power has carried out a scheme to deliberately cheat large numbers of consumers out of individually small sums of money, then. . . the waiver becomes in practice the exemption of the party ‘from responsibility for [its] own fraud, or willful injury to the person or property of another.’ . . . Under these circumstances, such waivers are unconscionable under California law and should not be enforced.””

   1 later decision quote this exact passage · from the majority
   e.g. Feeney v. Dell Inc.

2. ““[T]he agreement specifies that AT&T must pay all costs for non-frivolous claims; that arbitration must take place in the county in which the customer is billed; that, for claims of $10,000 or less, the customer may choose whether the arbitration proceeds in person, by telephone, or based only on submissions; that either party may bring a claim in small claims court in lieu of arbitration; and that the arbitrator may award any form of individual relief, including injunctions and presumably punitive damages.””

   1 later decision quote this exact passage · from the majority
   e.g. Feeney v. Dell Inc.

3. ““A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. §2 .”

   1 later decision quote this exact passage · from the majority
   e.g. AT&T Mobility LLC v. Concepcion