President’s weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, … Continue reading

President’s weekly report — January 9, 2015

United States Supreme Court — awaiting orders in three of our cases We’re hoping for good news on Monday when the Court is set to issue orders in three of our cases: Stewart & Jasper Orchards v. Jewell (whether the … Continue reading

California versus the Supremacy Clause

In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court once again displayed its ongoing hostility to arbitration contracts.  As we noted when the decision came down in June, the court bowed to the inevitable in acknowledging the … Continue reading

A new, and unconstitutional, approach to contract law

Patricia Atalese signed a contract with a financial services firm, in which she agreed that “any claim or dispute” between herself and the firm, related to the services provided, “shall be submitted to binding arbitration upon the request of either … Continue reading

President’s weekly report — June 27, 2014

Tort Reform — Victories in California Supreme Court We received a couple of nice decisions this week from the California Supreme Court.  First, there was this decision in Verdugo v. Target, the case where the widow of a  heart-attack victim, who … Continue reading

Half a loaf in California’s latest arbitration decision

After decades of anti-arbitration decisions reversed by the United States Supreme Court, the California Supreme Court today, in Iskanian v. CLS Transportation Los Angeles, LLC, bowed to the inevitable and acknowledged it could no longer place obstacles to the enforcement … Continue reading

A California arbitration decision stands

The California Supreme Court gained a little ground today in its perpetual tug-of-war with the United States Supreme Court over the enforcement of contracts containing arbitration provisions. The California court doesn’t like arbitration and creatively finds all sorts of reasons … Continue reading