California Court of Appeal Holds Class Action Waiver in Commercial Contract...
In Walnut Producers of California v. Diamond Foods, Inc., Case No. C060346 (August 16, 2010), the California Court of Appeal for the Third Appellate District held that a class arbitration waiver in an...
View ArticleDiscover Bank Is Dead: The U.S. Supreme Court Rules That Federal Law Preempts...
On April 27, 2011, the Supreme Court held that the Federal Arbitration Act “preempts California’s rule classifying most collective arbitration waivers in consumer contracts as unconscionable.” AT&T...
View ArticleCalifornia Appellate Court Analyzes Employment Arbitration Agreement after...
On July 12, 2011, California’s Second Appellate District Court of Appeal issued a decision in Brown v. Ralphs Grocery Company regarding the enforceability of arbitration agreements in the employment...
View ArticleFederal Law Preempts State Law Barring Arbitration Of Claims For Public...
On March 7, 2012, the Ninth Circuit held that the Federal Arbitration Act preempts California’s rule prohibiting the arbitration of claims for public injunctions. Kilgore v. KeyBank, Nat’l Ass’n, —...
View ArticleIn Sprint Victory, Judge Posner and the Seventh Circuit Hold That Arbitration...
On May 11, 2015, in an opinion written by Judge Posner, the Seventh Circuit reversed an order denying Sprint’s motion to compel arbitration in a class action allegation violations of the Telephone...
View ArticleThe California Supreme Court Holds Consumer Class Action Waivers In...
On August 3, 2015, the California Supreme Court issued its long-awaited arbitration decision in Sanchez v. Valencia Holding Co., LLC, No. B228027. The Court held that the arbitration provision found...
View ArticleU.S. Supreme Court Holds California Court of Appeal’s Interpretation of...
In DirecTV v. Imburgia, No. 14-462, 2015 U.S. LEXIS 7999 (December 14, 2015) the United States Supreme Court reversed a California Court of Appeal decision interpreting, and invalidating, an...
View ArticleDancing On Their Own: The California Supreme Court’s Decision in McGill v....
On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the...
View ArticleThe Consumer Financial Protection Bureau Adopts New Rule Barring Class Action...
As expected, and with few changes, the Consumer Financial Protection Bureau adopted its proposed rule barring financial companies regulated by the agency from including class action waivers in...
View ArticleBehavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use...
The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it...
View ArticleU.S. Supreme Court Upholds Enforceability of Mandatory Employment Class...
On May 21, 2018, the United States Supreme Court upheld the legality of arbitration agreements containing class action waivers. In a 5-4 decision written by Justice Gorsuch, the Court held that...
View ArticleChoose Your Forum Wisely: Save Your Arbitration Clause From California’s...
The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act (“FAA”)...
View ArticleIs Hate Too Strong A Word (When It Comes To Compelling Arbitration In...
When it comes to compelling arbitration in California, courts often put the moving party to the test. The most recent example is the Fourth Appellate District’s decision in Fabian v. Renovate America....
View ArticleAn Arbitration Clause Health Check
Arbitration clauses with class action waivers remain one of the most effective tools that consumer-facing companies can employ to fend off consumer class action litigation. Yet many companies stumble...
View ArticleQuestions To Ask When Changing Your Arbitration Clause
In a prior post (here), we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses,...
View ArticleAvoiding Formation Challenges To Your Arbitration Clause With Consumers
In prior posts (here and here), we raised questions that companies may want to ask when evaluating their arbitration clauses and making changes to them. In this third installment, we look at what...
View ArticleMore on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public...
Arbitration clauses with class action waivers remain one of the most effective lines of defense against consumer class actions. They are also one of the most challenged. As we have discussed in prior...
View ArticleDancing On Their Own: The California Supreme Court’s Decision in McGill v....
On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the...
View ArticleThe Consumer Financial Protection Bureau Adopts New Rule Barring Class Action...
As expected, and with few changes, the Consumer Financial Protection Bureau adopted its proposed rule barring financial companies regulated by the agency from including class action waivers in...
View ArticleClass Action Waivers Redux: Ninth Circuit Upholds Arbitration Provision...
In Brice v. Haynes Investments LLC, No. 19-15707 (9th Cir. Sept. 16, 2021), the Ninth Circuit considered an appeal by shareholders in Native American tribe-linked online lenders of a district court...
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