FSC Applies Concepcion to Class Action Waivers!

State's rights fans despair!

The Florida Supreme Court has just applied Carlos Concepcion to kill voiding class action waivers as against Florida public policy:

In light of the United States Supreme Court’s recent decision in Concepcion, we conclude that the FAA preempts invalidating the class action waiver in this case on the basis of the waiver being void as against public policy. Accordingly, we quash the Fourth District’s decision below and decline to answer the certified question as it is now moot.

Will the US Supreme Court employ the same reasoning on Prop 8?