In the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues, including key questions about whether the Federal Arbitration Act preempts California law concerning the enforceability of arbitration agreements. My colleagues and I have filed amicus briefs on behalf of the Chamber of Commerce… Continue Reading
Tag Archives: California Supreme Court
California Supreme Court Grants Review In Employment Arbitration Case
Posted in Arbitration, EmploymentThe California Supreme Court granted review last week in Franco v. Arakelian Enterprises Inc., No. S207660, in which the California Court of Appeal had refused to enforce an agreement to arbitrate on an individual basis in the context of a wage-and-hour class action. For more on Franco, please see our prior post. The California Supreme… Continue Reading
Brinker’s Impact on Certification of Meal-Break Class Actions in California
Posted in Class Certification, Employment, PredominanceClass 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
California Supreme Court Grants Review In Iskanian v. CLS Transportation; Will Address Enforceability of Employee Arbitration Agreements After Concepcion
Posted in ArbitrationFor years, the California Supreme Court was one of the strongest forces against arbitration in the country. A disproportionate number of the U.S. Supreme Court’s decisions addressing preemption under the Federal Arbitration Act have reversed decisions of the California state courts or of federal courts applying California law. A recent pro-arbitration decision (Pinnacle Museum Tower… Continue Reading