The U.S. Supreme Court has vacated a decision by the Second Circuit that struck down a class action waiver clause in a law school student loan contract based on a California law, in light of the Court’s recent ruling that the law was preempted by the Federal Arbitration Act.
The Court said in a one-sentence decision yesterday that it was granting certiorari in Fensterstock v. Affiliated Computer Services, 611 F.3d 124 (2d. Cir. 2010), and remanding the case to the U.S. Court of Appeals for the Second Circuit “for further consideration in light of AT&T Mobility LLC v. Concepcion, 563 U.S.— (2011).”
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