Pokemon and private property

A flood swamped a quiet Australian suburb recently: a deluge of Pokemon and their intrepid hunters. The neighborhood park had become known as a great spot to play Pokemon Go. Rare Pokemon liked to hang out there–especially at night. The park disintegrated into a trampled … Continue reading

California Supreme Court upholds arbitration agreement!

Maribel Baltazar worked in a distribution warehouse for clothing retailer Forever 21.  She alleges that she suffered discrimination and harassment on the job, ultimately leading to her quitting.  She sued Forever 21 and certain co-workers, who then moved to compel … Continue reading

The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as “representatives” to assert claims under the Private Attorney General Act (PAGA) are acting as “deputies” on behalf of the … 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

Supreme Court reverses California court on freedom of contract – again

Today, the Supreme Court once again upheld the freedom of Californians to contract for arbitration of consumer disputes. In DIRECTV, Inc. v. Imburgia, the Court reviewed a California Court of Appeal decision invalidating a consumer contract that provided that it … 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

Et tu, Ninth Circuit?

The California Supreme Court is widely known for its hostility to arbitration contracts, despite the supposedly controlling Federal Arbitration Act that requires such contracts to be enforced as any other contract would be.  Last year, in Iskanian v. CLS Transportation … Continue reading

Game on! U.S. Supreme Court to review California anti-arbitration rule

Today, in the first order list of the 2015 Term, the Supreme Court granted certiorari in MHN Government Services, Inc. v. Zaborowski, in which the Ninth Circuit Court of Appeals applied a severability rule created by the California Supreme Court … Continue reading

Belts, suspenders, and overalls–the pointless and harmful growth of wrongful discharge law

The Supreme Court of Washington is on a crusade to protect workers from evil bosses even when it’s unnecessary and hurts everyone. … Continue reading