Headlines

By Stephen A. Fogdall In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation procedures must be enforced under the Federal Arbitration Act.  The Court rejected the position taken by […]

By Scott J. Wenner We have written previously of the back and forth between the United States Supreme Court and the California Supreme Court on questions relating to mandatory binding arbitration and class action waivers in the workplace (see here). While the U.S. Supreme Court has construed the Federal Arbitration Act’s […]

By Scott J. Wenner California courts, from its Supreme Court on down, have been hostile to efforts to deny employees and consumers access to the judicial process  through devices such as mandatory binding arbitration and class action waivers.  At the same time, the U.S. Supreme Court has expansively read federal law, […]

By Melissa Lor Consistent with the preemption principle of the U.S. Constitution’s Supremacy Clause, the Ninth Circuit recently held that the Federal Arbitration Act preempts California’s so-called Broughton-Cruz rule, which exempts claims for “public injunctive relief” from arbitration. In Ferguson v. Corinthian Colleges, former students of for-profit schools owned by Corinthian […]