Searching Content indexed under Arbitration & Dispute Resolution by Donald Falk ordered by Published Date Descending.
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Man Bites Dog: California Supreme Court unanimously rejects unconscionability challenge to consumer arbitration provision
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context.
United States
20 Aug 2015
Ninth Circuit Holds That State AGs And Prosecutors Can’t Seek Restitution On Behalf Of A Class That Already Settled Its Private Claims, But Can Seek Injunctive Relief And Penalties
A decade ago, California's unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff's tools.
United States
25 Nov 2014
Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device
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.
United States
16 Apr 2014
Hall Street Runs Both Ways: Parties Can Neither Waive Nor Expand Judicial Review of Arbitration Awards, Says Ninth Circuit
Back in 2008, the Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, L.L.C. that parties to an arbitration agreement subject to the Federal Arbitration Act (FAA) cannot agree to empower a federal court with more searching judicial review than section 10 of that Act specifies.
United States
23 Dec 2013
California Appellate Court Issues Major Decision On Enforceability Of Arbitration Agreements In Employment Context
Since Concepcion was decided, plaintiffs' lawyers have tried to distinguish it or limit its scope in a variety of ways.
United States
7 Jun 2012
California Supreme Court Draws Firm Line Against Disclosing Attorney-Client Communications
On November 30, 2009, the Supreme Court of California reaffirmed strong, categorical protections for the secrecy of attorney-client communications. The Court not only clarified the broad scope and purpose of the attorney-client privilege, but also strictly interpreted statutory limits on a court’s ability to require disclosure of a communication claimed to be privileged in the course of determining the applicability of the privilege.
United States
4 Dec 2009
California Appellate Court Invalidates Class-Arbitration Waiver in Employment Agreement
On March 10, 2009, a California appellate court held that an employee’s agreement to arbitrate on an individual basis was unenforceable with respect to a plaintiff-employee who had filed a putative class-action lawsuit alleging the denial of meal and rest periods.
United States
20 Mar 2009
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