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On June 20, 2013, the U.S. Supreme Court issued the latest in a string of cases explaining that class actions are the exception to the usual rule of individualized actions, not an entitlement, and that parties cannot escape the clear terms of binding arbitration agreements. It began with Stolt-Nielsen S.A. v. AnimalFeeds International, where the court ruled that companies could not be forced into class arbitration if they had not agreed to it; that is, mere silence on the issue of class arbitration is not enough.1 Then, in AT&T Mobility v. Concepcion, the court held that the Federal Arbitration Act, 9 U.S.C. §1 et seq. (FAA), preempted a California judicial rule barring as unconscionable waivers of class action arbitration.2

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