Inactive Licensed Attorneys Cannot Serve As Mediators Or Arbitrators And That Does Not Violate Equal Protection. Morris S. Getzels v. The State Bar of California, No. B338089 (2/4 pub. 6/27/25) (P. J. Zukin, Justice Mori, and Judge Daum (sitting by assignment), held that inactive licensees of the California State Bar cannot serve […]
Can An Employer Avoid The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 With A California Choice Of Law Provision? No. The EFAA preempts California law, rendering the arbitration agreement unenforceable in cases of sexual harassment disputes. That's the holding of Casey v. Sup. Ct., D.R. Horton, Inc., et al […]
The Agreement Is With The Second District, Division 3. The Ending Forced Arbitration Of Sexual Assault and Sexual Harassment Act (EFAA) amended the Federal Arbitration Act by exempting claims of sexual assault and sexual harassment from forced arbitration. An issue that cases addressing the EFAA have faced is whether in a mixed case, involving […]
The Case Clarifies How The EFAA Should Apply To Arbitrating Cases Stradling The Effective Date Of The EFAA, And To Mixed Cases Involving Sexual Harassment And Other Claims. Jane Doe brought claims of sexual harassment and related violations by her employer, The Huntley Hotel. The employer sought to compel arbitration. The court ruled that […]
The Date Of A Dispute And An Injury May Not Be The Same. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act invalidates predispute arbitration agreements in certain circumstances. In Kader v. Southern California Medical Center, Inc., B326830 (2/5 1/29/24) (Moor, Rubin, Kim), the key issue was whether the arbitration agreement executed […]
Court of Appeal Also Held That Trial Court Properly Declined To Require Arbitration Of FEHA Claim For "Public Injunction." Defendant and Appellant Tesla, Inc. — you've probably heard of the company — appealed from denial of Tesla's motion to compel arbitration as to employees Chatman and Hall, plaintiffs. Marcus Vaughn et al v. Tesla, […]
Federal Preemption Of California's Gentry Rule Means Class Action Waiver Can Be Enforced. David Evenskaas, a driver, filed a wage and hour lawsuit against his employer, California Transit, Inc., which operates paratransit services for persons with disabilities in West and Central Los Angeles. Evenskaas's employment agreement included a broad arbitration agreement with a class […]
Zoller v. GCA Advisors Lays Out Rules For Determining Whether Statutory Claims Can Be Arbitrated. Zoller v. GCA Advisors, No. 20-15595 (9th Cir. 4/14/21) (Wallace, Smith, Restani), reverses the district court's denial of defendants' motion to compel arbitration of statutory employment discrimination and civil rights claims. Shannon Zoller, a corporate attorney turned investment […]
Chief Circuit Judge Thomas Concurs, But Writes That Earlier Case Law Was Wrongly Decided. The Ninth Circuit has affirmed the district court's order compelling arbitration of racial discrimination claims under section 1981. Lambert v. Tesla, Inc., DBA Tesla Motors, Inc., No. 18-15203 (9th Cir. 5/17/19) (Opn. by Smith, Thomas conc.). Lambert, an […]
Under Armendariz Framework, Court Finds Parties' Arbitration Agreement Is Unconscionable. Constance Ramos, "an experienced litigator and patent practitioner with a doctorate in biophysics" petitioned the Court of Appeal to vacate superior court Judge John Stewart's order granting the motion of her erstwhile employer, Winston & Strawn, to compel arbitration of her employment/FEHA dispute. […]