The Eleventh Circuit applied Georgia law today in declaring Comcast’s ban on class arbitrations unconscionable and therefore unenforceable.  Agreeing with the reasoning in Kristian v. Comcast Corp., 446 F.3d 25 (1st Cir. 2006), the court concluded that enforcing the ban would "allow Comcast to engage in unchecked market behavior that may be unlawful.  Corporations should not be permitted to use class action waivers as a means to exclupate themseles from liability for small value claims."  Finding the ban non-severable from the rest of the arbitration clause, the court reversed the district court’s order compelling arbitration.  Dale v. Comcast Corp., No. 06-15516 (11th Cir. Sept. 4, 2007).

Barry Barnett

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