Scott O'Connell

Ninth Circuit Applies Concepcion to Invalidate Public Injunction Exception to Arbitration

The Ninth Circuit has invalidated California's public injunction exception to arbitration. Claims under the State's Unfair Competition Law (17200)are now arbitrable even if a public injunction is sought…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Business Torts

SCOTUS Remands Supremacy Clause Challenge to California's Budget-Driven Medicaid Cuts

The United States Supreme Court remanded challenge to California's budget driven medicaid rate cuts. Providers sued under the Supremacy Clause claiming that state law conflicted with the federal Medicaid Act. The Court majority…more
| Administrative Law, Civil Procedure, Civil Remedies, Health

Dukes Redux: Plaintiffs seek certification of smaller classes

Dukes has forced plaintiffs to focus on smaller classes and smaller recoveries…more
| Civil Procedure, Civil Remedies, Business Torts

Brand Protection in High Exposure Litigation: Winning in the Court of Public Opinion

Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy even…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Toxic Torts, Business Torts
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