Recommended reading: two posts by attorney Liz Kramer in Arbitration Nation: “2012 in Arbitration Law: Is Class Arbitration Naughty or Nice?” and “Preview of SCOTUS’s 2013 Double Feature on Class Action.” That Was the Year That Was In 2012, the big issue was class arbitration, with several states having pro-class-arbitration decisions reversed based […]
Federal Preemption Of California’s Broughton-Cruz Rule Exempting Claims For Public Injunctive Relief Is At Issue On March 7, 2012, we posted about Kilgore v. KeyBank, 673 F.3d 947 (9th Cir. March 7, 2012) (authored by Judge Trott). Kilgore held that California’s Broughton-Cruz rule, which provides claims for public injunctive relief cannot be arbitrated, is […]
Arbitration Clause In Contract To Purchase Used Automobile Was Found To Be Procedurally and Substantively Unconscionable On August 26, 2012, we posted about Goodridge v. KDF Automotive Group, Inc., Case No. D060269 (4th Dist. Div. 1 August 24, 2012) (McDonald, Acting P.J., author). On September 13, 2012, the Court ordered that the case be […]
Arbitrator’s Professional Relationships Were Too Attenuated to Require Disclosure On July 26, 2012, we posted about Nemecek & Cole v. Horn, Case No. B233274 (2nd Dist. Div. 8 7/23/12). The case, involving a significant fee dispute between a client and the client’s law firm, addressed whether an arbitrator should have disclosed certain professional relationships. […]
Axle of Evil: Opinion Withdrawn in Kolev v. Euromotors West/The Auto Gallery Was Critical of Pre-Dispute Binding Arbitration Where Automobile Problems and Magnuson-Moss Warranty Act Are Concerned On April 11, 2012, the Ninth Circuit withdrew the Opinion in Kolev v. Euromotors West/The Auto Gallery, 586 F.3d 1024 (9th Cir. 2011), explaining that it […]