Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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One Step Forward, One Step Back: Court of Appeal Denies Arbitration in Imburgia

Fresh on the heels of signs during the Iskanian oral argument that the California Supreme Court might at least partially fall in line behind the rule of Concepcion (subscr. req.), we received a reminder that arbitration...more

4/21/2014 - Arbitration AT&T Mobility v Concepcion DirectTV Iskanian SCOTUS

Waiting for Iskanian, Part 1 -- Gentry, Discover Bank and Concepcion

On Thursday, the California Supreme Court will hear arguments in the highly-anticipated Iskanian v. CLS Transportation Los Angeles, LLC. Iskanian has produced several inches worth of paper from a host of interested parties in...more

4/1/2014 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Discover Bank Rule Federal Arbitration Act Gentry Iskanian

Waiting for Iskanian, Part 4: Friends of the Defendant

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, our series of preview posts continues. This time in Part 4, we take a look at the seven amicus curiae...more

4/1/2014 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Discover Bank Rule Federal Arbitration Act Gentry Iskanian PAGA

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

4/1/2014 - American Express v Italian Colors Restaurant Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Discover Bank Rule FAA Gentry Iskanian PAGA Preemption Section 7 SEIU

Waiting for Iskanian, Part 2: Italian Colors, Sonic-Calabasas and Iskanian

One would have thought in the wake of Concepcion that Gentry was doomed: Concepcion expressly killed off Discover Bank; Gentry was expressly described by the Court itself as a gloss on Discover Bank; therefore, Concepcion...more

4/1/2014 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Discover Bank Rule Iskanian SCOTUS

A Tale of Three Cases: California's Split Over Concepcion Continues

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

4/5/2013 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Discover Bank Rule Rest and Meal Break SCOTUS Unconscionable Contracts Wage and Hour

Iskanian v. CLE Transportation: Will California Fall In Line On Class-Wide Arbitration Waivers? Legal Opinion Letter

On September 19, 2012, the California Supreme Court granted the plaintiff’s petition for review of the Second District Court of Appeal’s decision in Iskanian v. CLE Transportation Los Angeles, LLC, 206 Cal.App.4th 949 (2012)....more

2/26/2013 - AT&T Mobility v Concepcion Class Action Arbitration Waivers

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