Thanks to the blog reader who pointed out that on Friday, the Ninth Circuit handed down another opnion interpreting Concepcion.
In Coneff v. AT&T Corp., ___ F.3d ___ (9th Cir. Mar. 16, 2012), the Ninth Circuit held that Concepcion preempted Scott v. Cingular Wireless, 161 P.3d 1000 (Wash. 2007), which is the Washington Supreme Court's equivalent to Discover Bank. Slip op. at 3145-51. (My blog post on Scott is here.)
The opinion went on to hold that Concepcion recognized the "continued vitality" of the doctrine of procedural unconscionability, and remanded for the district court to reevaluate the enforceability of the arbitration clause under this doctrine (after deciding which state's laws should apply). Slip op. at 3151-53.