On October 10, 2023, Governor Gavin Newsom signed into law a bill that will allow plaintiffs in California to continue pursuing claims during the pendency of an appeal to an order denying a petition to compel arbitration. The...more
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
8/29/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more
9/17/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
Split of Authority ,
State Labor Laws
On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more
6/15/2021
/ Appeals ,
Article III ,
Bonuses ,
Corporate Counsel ,
Employment Litigation ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Reversal ,
Standing ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wal-Mart
In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more
In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more
10/29/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act
Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of...more
Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more
11/25/2014
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
Restaurant Industry ,
Trucking Industry ,
Unpaid Overtime ,
Wage and Hour