Employment Law Commentary -- Volume 24, No. 6 June 2012: Iskanian v. CLS Transportation: Second Time’s the Charm for California Class Action Waivers in Arbitration Agreements


In early June, Division Two of the California Court of Appeal released an employer-friendly decision, Iskanian v. CLS Transportation Los Angeles, LLC, 2012 Cal. App. LEXIS 650 (Jun. 4, 2012), that adds another wrinkle to the uncertainty surrounding the enforceability of arbitration agreements and class action waivers in California. This case is of particular interest, as the Court of Appeal panel first reviewed the Iskanian/CLS arbitration agreement following the California Supreme Court’s decision in Gentry v. Superior Court, 42 Cal. 4th 44 (2007) and granted a writ of mandate instructing the trial court to reconsider its decision to compel arbitration. Now, the same Court of Appeal panel has reviewed the Iskanian/CLS agreement in light of AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), and this time the court came to a very different conclusion.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Morrison & Foerster is an international firm with more than 1,000 lawyers across 15 offices in the... View Profile »

Follow Morrison & Foerster LLP:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.