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AT&T Mobility v Concepcion Class Action Arbitration Waivers CA Supreme Court

Sheppard Mullin Richter & Hampton LLP

Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right...

The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act (“FAA”) preempted California’s former...more

Kilpatrick

Back To The Class-Action Waiver Drawing Board: California Supreme Court Holds Arbitration Agreement Cannot Extinguish A Claimant’s...

Kilpatrick on

Takeaway: Businesses operating in California now face another hurdle in drafting enforceable arbitration agreements. The California Supreme Court has invalidated a provision in an aggressive class action waiver purporting to...more

Troutman Pepper

California Supreme Court Finds Arbitration Agreement Waiver of 'Public Right' Unenforceable

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On April 6, the California Supreme Court issued a unanimous opinion in McGill v. Citibank, finding that a pre-dispute arbitration agreement was unenforceable to the extent it required the plaintiff to waive her right to seek...more

Fenwick & West LLP

Litigation Alert: CA Supreme Court Holds Arbitration Provisions Waiving Right to Seek Public Injunctive Relief "In Any Forum" Are...

Fenwick & West LLP on

In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff’s right to pursue public injunctive relief in any forum are invalid and...more

Sheppard Mullin Richter & Hampton LLP

In California, The Statutory Right To Seek Public Injunctive Relief Is Unwaivable

On April 6, 2017, in the matter Sharon McGill v. Citibank, N.A., the California Supreme Court ruled unanimously that an arbitration agreement that waives a statutory right to seek public injunctive relief in any forum, is...more

Fox Rothschild LLP

California Court Sets Up Showdown with SCOTUS over Class-Action Waivers

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The California Supreme Court has once again deviated from what many view as clear precedent of the U.S. Supreme Court concerning the enforcement of arbitration agreements. Last week, the California court decided McGill v....more

Faegre Drinker Biddle & Reath LLP

California Supreme Court Further Limits Reach of Arbitration Agreements

On April 6, 2017, the California Supreme Court, in McGill v. Citibank, N.A., No. S224086, ruled that a provision in Citibank’s arbitration agreement purporting to waive the right to seek “public” injunctive relief under...more

BakerHostetler

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

BakerHostetler on

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

Carlton Fields

California Supreme Court Upholds Consumer Contract Arbitration Provision Under California’s Unconscionability Framework

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In a dispute over the purchase of a car, the purchaser filed a class action in California against the car dealer, and the dealer moved to compel arbitration. The dealer invoked the arbitration agreement contained in the...more

Dorsey & Whitney LLP

It Is Now Easier To Draft Class Action Waivers and Arbitration Agreements

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Last week, the California Supreme Court provided additional guidance as to how to draft an enforceable arbitration agreement and how Courts should analyze whether mandatory arbitration provisions can be held unconscionable...more

BakerHostetler

CA Supreme Court Upholds Class Action Waivers in Long-awaited Sanchez Decision

BakerHostetler on

On August 3, 2015, the California Supreme Court issued its long-awaited decision in Sanchez. v. Valencia Holding Company, LLC (2015) — Cal.4th — (Sanchez). The court provided much-needed clarity for consumers and auto finance...more

CMCP - California Minority Counsel Program

Baby Steps after Conception: The development on federal and California law on the availability of class wide arbitration

Four years ago, the United States Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion altered the landscape of class action litigation. Putative class plaintiffs Vincent and Liza Concepcion filed a suit against their...more

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