Header graphic for print
Class Defense Blog Cutting-Edge Issues in Class Action Law and Policy

Tag Archives: Cal. Ct. App.

Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device

Posted in Arbitration

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T Mobility LLC v. Concepcion, which held that the FAA preempted the Discover Bank rule, under which the California Supreme Court had blocked enforcement… Continue Reading

Brinker’s Impact on Certification of Meal-Break Class Actions in California

Posted in Class Certification, Employment, Predominance

Class actions alleging that employers’ meal-break policies violate California law have long been a favorite of the plaintiffs’ bar.  Earlier this year, however, the California Supreme Court handed employers a victory in Brinker Restaurant Corp v. Superior Court, 53 Cal. 4th 1004 (Cal. 2012), holding that the obligation under the California Labor Code to provide… Continue Reading