Ex-Bloomingdale’s employee prefers forum shopping

When the California Supreme Court invalidated yet another arbitration contract in yesterday’s McGill v. Citibank decision, I explained that a cert petition would almost certainly follow. PLF has supported many, many cert petitions challenging California’s anti-arbitration rules because we believe … Continue reading

California Supreme Court’s latest slippery evasion of federal arbitration law

Sharon McGill sued Citibank under California’s consumer protection laws for alleged unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. McGill signed a contract that contained an arbitration provision … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

Can Californians arbitrate claims for public injunctive relief?

Sharon McGill sued Citibank under California’s consumer protection laws for alleged unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account.  McGill signed a contract that contained an arbitration provision … Continue reading

Eliminating California’s obstacles to freedom of contract

Supreme Court briefing is now underway in one of this Term’s major arbitration cases: MHN Government Services, Inc. v. Zaborowski. The case will determine whether the California Supreme Court’s severability rule—used almost exclusively to invalidate arbitration contracts—will survive scrutiny under … Continue reading

Have California courts got the message? Arbitration contracts should be enforced like other contracts

For years, PLF has been chronicling—and combating—the efforts of California courts to nullify arbitration contracts. Federal law requires that states enforce arbitration agreements just like any other contract, but California courts have found various loopholes to avoid enforcing such agreements, … Continue reading

Supreme Court rejects New Jersey arbitration case

New Jersey courts, along with those of California and Massachusetts, continually exhibit hostility to the freedom of contract, when that freedom is expressed in a contract to arbitrate consumer or employment disputes. Today, the Supreme Court denied certiorari in U.S. … 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