Scott Jang on Federal Arbitration Act

Challengers To California’s Ban On Mandatory Arbitration Contracts Hint Rehearing Petition Coming

Following the decision of a divided panel of the U.S. Court of Appeals for the Ninth Circuit, in Chamber of Commerce of the U.S., et al. v. Bonta, et al., to reverse, in part, a district court’s order and vacate the district...more

9/24/2021 / Arbitration , Arbitration Agreements , California , Federal Arbitration Act , Preliminary Injunctions

Federal Arbitration Act Partial Bar On California’s Ban On Mandatory Arbitration Contracts, Court Holds

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more

9/17/2021 / Arbitration Agreements , Chamber of Commerce , Employer Liability Issues , Federal Arbitration Act , FEHA

The State Of California Submits Opening Brief In Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit...more

5/22/2020 / Arbitration Agreements , California , Chamber of Commerce , Federal Arbitration Act , Policies and Procedures

California Appeals Preliminary Injunction Against State Ban On Employment Arbitration Agreements

The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements...more

2/21/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions

Court Issues Written Order Preliminarily Enjoining Enforcement Of California’s AB 51, Hints At Future Success

On January 31, 2020, the district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of...more

2/11/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act

U.S. Supreme Court Asked To Review California’s Perceived Hostility To Arbitration Agreements

Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration...more

2/7/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , Petition for Review , Preemption

Court Grants Preliminary Injunction On Enforcement Of California Ban On Employment Arbitration Agreements

The U.S. District Court for the Eastern District of California has granted a request for a preliminary injunction to prohibit the State of California from enforcing Assembly Bill 51 (AB 51) as to arbitration agreements...more

2/4/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions , State Labor Laws

Court Grants Preliminary Injunction Against Enforcement Of California’s Assembly Bill 51

The district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California from enforcing...more

2/3/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions

Court Hears Challenges To California Bar On Mandatory Arbitration Agreements In Employment

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court...more

1/14/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

1/13/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws

California Bar On Mandatory Arbitration Agreements In Employment Temporarily Enjoined

The State of California has been temporarily enjoined from enforcing its prohibition on mandatory employment arbitration agreements under Assembly Bill 51. Chamber of Commerce of the United States, et al. v. Becerra, et al.,...more

12/31/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act

California Bar On Mandatory Arbitration Agreements In Employment Challenged, Injunction Sought

The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the...more

12/13/2019 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

U.S. Chamber Of Commerce Files Suit To Halt AB 51

California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and...more

12/11/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses

Pay the Piper – California Employers Pressed To Pay Arbitration Fees Or Risk Harsh Consequences

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020....more

10/21/2019 / Arbitration , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Governor Newsom

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more

10/16/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , FEHA , Mandatory Arbitration Clauses , Sexual Harassment

Scott Jang

Jackson Lewis P.C.

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