Month: June 2013

Arbitration/FAA: Supremes Says FAA Doesn’t Allow Court to Invalidate Class Arbitration Just Because Arbitration Leaves Plaintiff Without Affordable Means To Vindicate Claim

June 25, 2013 · Arbitration: Federal Arbitration Act

Dissent’s Nutshell of Opinion: “Too Darn Bad” The United States Supreme Court, in a 5-3 opinion, has now held that the Federal Arbitration Act does not permit courts to invalidate a contractual waiver of class arbitration just because the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. American Express […]

Arbitration/Collective Bargaining/Construction of Agreement: In 4-3 Decision, California Supreme Court Rules That City of Los Angeles Must Arbitrate City’s Furlough Decisions

June 23, 2013 · Arbitration: Collective Bargaining, Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Employment

Dissenters Worries About Practical Consequences of Arbitrating Furlough Dispute In Budgetary Crisis With this post, I inaugurate a new sidebar category: Collective Bargaining. Facing a fiscal emergency, the City of Los Angeles adopted a mandatory furlough program for its civilian employees. Represented by a union, the employees filed grievances, arguing the furloughs violated […]

Arbitration/FAA/Class Actions: Supreme Court Holds Arbitrator Does Not Exceed Powers By Deciding That Class Action Was Available

June 15, 2013 · Arbitration: Class, Arbitration: Delegation, Arbitration: Federal Arbitration Act

Impact of the Case Likely to Be Limited Because of Parties’ Agreement In Oxford Health Plans LLC v. Sutter (Sup. Ct. June 10, 2013) (Kagan, J., author, with Thomas, J., joining in concurrence by Alito, J.), the Supreme Court held that an arbitrator does not “exceed his powers” under section 10(a)(4) of the Federal […]

Mediation/Confidentiality/Settlement Agreement: Second District, Division 2 Says Postsettlement Statement Subject To Confidentiality Agreement “May Prove To Be Costly Rather Than ‘Free’ Speech”

June 9, 2013 · Mediation: Confidentiality, Mediation: Settlement Agreement

Litigation Privilege Does Not Bar Breach of Contract Claim Arising From Violations Of Confidentiality Provisions Contained in a Settlement Agreement Carrie Prejean. Miss California 2009. Miss USA 2009. Donald Trump. Perez Hilton. Same-sex marriage. Compromising video. Does any of this ring a bell? Back in 2009, Carrie Prejean, a former Miss California USA, […]

Arbitration/FAA/Waiver/Public Policy: 6th District Holds Federal Arbitration Act Does Not Permit Arbitration Agreements to Override Statutory Right To Bring Representative Claims Under PAGA

June 8, 2013 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Waiver

Same Issue Is Pending Before California Supreme Court in Iskanian Does the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (PAGA)? That’s the issue pending before the […]

Arbitration/Employment/Unconscionability: Second District, Division 1 Reverses Order Denying Motion To Compel Arbitration, Concluding That Contract Is Not Illusory, And Not Unconscionable

June 8, 2013 · Arbitration: Employment, Arbitration: Unconscionability

Employer’s Right to Change Dispute Resolution Process Is Held In Check By Implied Covenant of Good Faith and Fair Dealing Having just blogged on June 5, 2013, about an opinion authored by Justice Mallano, reversing an order granting a motion to compel arbitration, I now blog about an opinion authored by Justice Mallano, reversing […]

Arbitration/Automobiles/Unconscionability: Second District, Div. 1 Revisits Ruling In Sanchez v. Valencia Holding Company, And Again Concludes That Arbitration Provision In Automobile Sales Contract Is Unconscionable

June 5, 2013 · Arbitration: Automobiles, Arbitration: Consumers, Arbitration: Unconscionability

Split In Appellate Opinion I have a separate sidebar category on “automobiles” because the auto industry spawns many decisions about the enforceability of arbitration clauses in sales contracts. As I have previously posted on August 26, 2012, and January 7, 2013, Sanchez v. Valencia Holding Co. LLC, 201 Cal.App.4th 74 (2012) is pending before […]